Court Finds No Preemption of Claims Against Generic Drug Maker

CAMBRIDGE, Mass. - The FDA's preemption preamble and recent amici status in pharmaceutical injury cases won't be given deference in a claim involving a generic heartburn drug that a Massachusetts plaintiff said failed to carry a warning strong enough to convey the true extent of the risk of injury associated with the product. Kelly v. Wyeth, et al., No. 20033314F (Mass. Super. Ct., Middlesex Cty.).

In a recent decision, Middlesex County Superior Court Justice Bonnie H. MacLeod-Mancuso rejected manufacturer Teva Pharmaceutical's argument that FDA regulations preempt the state law personal injury claims asserted against it by a woman allegedly injured …