Prilosec Food Poisoning Suit Gets The Boot

Law360, New York (March 3, 2010, 3:21 PM EST) -- A federal judge has dismissed a putative nationwide class action against Procter & Gamble Co. and AstraZeneca LP by a man who claimed that use of the heartburn drug Prilosec OTC made him susceptible to food poisoning.

Judge Algenon L. Marbley granted the drugmakers' motions to dismiss but left an opening for plaintiff Thomas Mitchell to replead the claims under state product liability law, according to the ruling on Monday in the U.S. District Court for the Southern District of Ohio.

P&G and AstraZeneca had argued...
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