6th Circ. Says Pliva Failure-To-Warn Claims Not Preempted

Law360, New York (March 13, 2013, 4:08 PM EDT) -- The Sixth Circuit on Wednesday said federal law does not preempt a state tort suit alleging generic-drug maker Pliva Inc. failed to warn consumers about health risks associated with anti-nausea drug metoclopramide, and reversed a lower court’s dismissal of the case.

A district court in March 2012 rejected plaintiff Eleanor Fulgenzi’s claims that the warnings — which allegedly were not updated by Pliva after the brand-name manufacturer did so — were inadequate under Ohio law, finding that the claims were barred under the U.S. Supreme Court’s...
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