Jessica M. Heinz, a partner in the firm's Philadelphia office, successfully obtained dismissal at the pleading stage in a case that involved a generic pharmaceutical manufacturer that allegedly manufactured a defective product. Plaintiff alleged state law negligence, wrongful death, strict liability, and breach of implied warranty of merchantability claims. Attorney Heinz was able to successfully argue that despite the titles of plaintiff’s counts contained in the Complaint, the allegations amounted to nothing more than Failure to Warn claims. From there, the Court was convinced by the argument that Failure to Warn claims are preempted by the Federal Food, Drug, and Cosmetic Act (“FDCA”) and prior rulings of the Supreme Court of the United States. Plaintiff was denied the opportunity to amend his Complaint and the United States District Court for the Middle District of Florida – Tampa Division, Judge Charlene Edwards Honeywell, dismissed the case with prejudice.

If you have any questions about this case, please contact Jessica Heinz at JHeinz@c-wlaw.com or by phone at (610) 567-0700.