Judge Rejects Preemption Argument in Bextra Cardiovascular Injury Case

SAN FRANCISCO - A federal judge who is expected to oversee the first Bextra trial later this month has issued several rulings, including one rejecting defendant Pfizer's contention that the plaintiff's state law failure-to-warn claims are preempted by federal law. Haslam v. Pfizer Inc., et al., No. 06-2145 (N.D. Calif.).

Judge Charles R. Breyer issued the ruling April 28 as part of his preliminary findings on Pfizer's motions for summary judgment on plaintiff Beverly Haslam's failure-to-warn, punitive damages and strict liability design and manufacturer defects claims. Haslam sued on behalf of her husband, Glen, who died of an apparent heart …