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Today’s case is a straight warnings case.  So, there should be little surprise that if it involves a generic drug preemption shuts it down.  But that does not mean that plaintiffs did not try several avenues of attack to try to find a warning claim that would stick.  None did.

The case is Roncal v.

This post is from the non-Reed Smith side of the blog.

Or maybe we should say the court cooked up a particularly nasty version of Cincinnati Chili.

The mesh case of the week, Perry v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 56268 (S.D. Ohio March 29, 2022), is the worst sort of judge-made law.

FDA’s exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation claims in the guise of private civil litigation.  21 U.S.C. §337(a).  That is the foundation on which prescription drug and device preemption is built. However, preemption is about the interplay between federal and state law requirements and where the latter must

These days, you are probably expecting a vaccine post to be about Covid.  And while we are sure we are not done with litigation in that field, for today at least we thought we would harken back to a good, old-fashioned, garden variety vaccine products liability case and some tried and true preemption.

The plaintiff

“That which we call a rose by any other name would smell just as sweet.” William Shakespeare uses this line in his play Romeo and Juliet to convey that the naming of things is irrelevant. We may not always agree with that (for instance, this blogger is Washington Football Fan – enough said). But when