Judge Applies Michigan Law to Dismiss Pennsylvania Bextra Case

PHILADELPHIA - A Pennsylvania court has dismissed a Bextra lawsuit filed by a Michigan woman after determining that the case had significant ties to the resident state, which prohibits claims against pharmaceutical manufacturers. Henderson v. Merck & Co. Inc., No. 04-5987 (E.D. Pa.).

In a Oct. 11 decision, Judge Legrome D. Davis of the U.S. District Court for the Eastern District of Pennsylvania held that any exception to the Michigan law that immunizes drug makers from tort claims is preempted by the Food, Drug and Cosmetic Act (FDCA). Therefore, the judge held, the product liability negligence complaint filed by …