Generics, Retailers Escape Zantac MDL With Preemption
Leader of the firm's Product Liability Life Sciences Team Thomas Yoo served as liaison co-counsel for the manufacturers of a generic form of Zantac in an ongoing multidistrict suit alleging the drug contained a known carcinogen. A Florida federal judge recently dismissed all claims against the manufacturer finding that all claims are preempted by federal law. The preemption order results in the dismissal of approximately 120,000 filed and unfiled claims.
"The court's opinion sets forth a bright line that all state court causes of actions against generic manufacturers are subject to dismissal under impossibility preemption where the claims are rooted in design defect and failure to warn," said attorneys for the generic drug makers in a press release.