KV Again Shakes Suit Over Metoprolol Recall

Law360, New York (December 16, 2011, 5:38 PM EST) -- A Missouri federal judge on Thursday again tossed a putative class action against KV Pharmaceutical Co. over its recall of hypertension drug metoprolol succinate ER, finding the plaintiff had failed to prove that the medication was defective.

U.S. District Judge Stephen N. Limbaugh Jr. ruled that plaintiff Johnny Polk could not maintain his Missouri Merchandising Practices Act and breach of implied warranty of merchantability claims based solely on the allegations contained in a previous consent decree that KV reached with the U.S. Food and Drug Administration,...
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