A recent opinion out of the Philadelphia Court of Common Pleas reinforces the notion that claims asserted by private plaintiffs based on alleged off-label promotion of FDA regulated medications are preempted by federal law. See Caltagirone v. Cephalon, Inc., 2017 WL 1135576 (Pa. C.P. March 23, 2017).
The case involved Actiq, an opioid medication that was approved by the FDA in 1998 to treat cancer pain. Actiq is a form of Fentanyl and is highly addictive. The decedent, Joseph Caltagirone, began treatment with Dr. Thomas Barone for migraine headaches in 2005 and was prescribed Actiq from 2005 through 2011. The prescription of Actiq for the pain of migraines was a known off-label use. Mr. Caltagirone was first admitted to a facility for detoxification in April, 2006, and was in an out of drug treatment programs during the next four years for addictions to multiple schedule II opiates and other illicit drugs. Mr. Caltagirone died on May 15, 2014 at age 39 of
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Here at Weil’s Product Liability Monitor, we keep a close eye on developments relating to autonomous, or “self-driving,” cars and their legal implications. This technology–which has the potential to save countless lives, reduce traffic, and lower emissions–is developing at a rapid pace. And, now, the technology is expanding closer to home–hereRead the full article →
As lawyers, we are notorious for anticipating a “list of horribles” as a mechanism to warn potential parties and provide guidance about ways to prevent such events from materializing. This was the goal that we had in mind in December 2014 when we reported on the U.S. Food and DrugRead the full article →
A District Court in New Jersey recently dismissed a products liability action against Boston Scientific Corp., Guidant Corp., and two related medical device companies, finding that the Medical Device Amendments (“MDA”) to the Federal Food, Drug, and Cosmetic Act (“FDCA”) preempted the state law claims alleged against the companies. SeeRead the full article →
On May 9, Judge Amy St. Eve of the United States District Court for the Northern District of Illinois (i) denied certification to various classes of consumers who purchased allegedly defective Whirlpool ovens, and (ii) excluded the opinions of Albert de Richemond, plaintiffs’ expert for proof of a common defect among theRead the full article →
