Judge Rejects Preemption as Basis for Removal of Tysabri Claim

BOSTON - State law claims that purportedly challenge the FDA's authority to approve initial and accelerated marketing of prescription drugs do not create issues that should be dealt with under the exclusive jurisdiction of a federal court, a Massachusetts federal judge has ruled. Tofanelli v. Biogen Idec Inc., et al., No. 07-11840 (D. Mass.).

Judge Douglas P. Woodlock of the U.S. District Court for the District of Massachusetts said Aug. 5 that defendant Biogen Idec Inc. failed to meet its burden of showing that preemption issues created by a plaintiff's state law claims support removal of the action from state …