July 2, 2018 / 10:44 PM / 16 days ago

6th Circuit finds Upsher-Smith medication guide lawsuit preempted

A federal appeals court affirmed the dismissal of a lawsuit by a Tennessee woman whose husband died after taking Upsher-Smith Laboratories Inc’s generic heart medication, finding her claims were preempted by federal law.

A 2-1 majority of the 6th U.S. Circuit Court of Appeals on Friday ruled that Rita McDaniel’s lawsuit alleging the Minnesota-based pharmaceutical company, a unit of Japanese Sawai Pharmaceutical Co, failed to provide a medication guide was impliedly preempted by the U.S. Food, Drug and Cosmetic Act.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2z4IRQz

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