Pre-Approval Redux Claims Preempted by Federal Law, Judge Rules

CLEVELAND - A plaintiff's strict liability and negligence claims based on allegations that Redux should never have been placed on the market are preempted by federal law because they conflict with the FDA's authority to approve prescription drugs, a judge has ruled. Longs v. Wyeth, et al., No. 03-2042 (N.D. Ohio).

Judge Oliver Solomon Jr. of the U.S. District Court for the Northern District of Ohio reached the conclusion in his Feb. 29 decision to dismiss the product liability claims, but not before preserving - albeit briefly - some causes of action asserted on behalf of plaintiff Mary Buchanan.

Judge …