Monday, September 6, 2010
6th Circuit decides preemption case related to a manufacturer's decision to place a drug on the market
Last year, the Supreme Court decided in Wyeth v. Levine that federal law did not preempt certain state law failure to warn claims. The Abnormal Use product liability blog is now reporting that the Sixth Circuit has just extended the holding in Levine in a case called Wimbush v. Wyeth, decided about three weeks ago holding that a plaintiff could pursue negligence claims relating to a manufacturer's decision to bring a drug to market, i.e., a pre-labeling, pre-approval claim. Go here for a comment on the case.