J&J Unit Slams Diabetes Drug Blood Disorder Claims
Law360, Philadelphia (March 8, 2016, 5:07 PM EST) -- A Johnson & Johnson unit has hit back at allegations that its Type 2 diabetes drug Invokana caused a man to contract the potentially life-threatening condition diabetic ketoacidosis, telling a Pennsylvania court that his drug design defect claims were federally preempted.
In Feb. 29 preliminary objections to the complaint, Janssen Pharmaceuticals Inc. pointed to a trio of U.S. Supreme Court rulings that purportedly clarified the test for preemption issues, saying that the principles expressed applied to both branded and generic drugs.
“First, courts should identify what action the plaintiff’s state-law claim would require the defendant to take,” the drugmaker said. “Second,...
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