Court Action on 3 Claims Explained
A Foley Hoag online product liability update explains a Massachusetts federal court’s actions in a case in which a plaintiff sued the manufacturer and distributor of a drug used to treat Cushing’s disease, alleging that it caused ovarian cysts and uterine bleeding that required surgical dilation and curettage and made it unlikely she could carry a pregnancy to term. The suit first brought failure-to-warn claims based on Corcept Therapeutics’ product labeling and its reporting of adverse event data to FDA, the report says.
The court ruled the failure-to-warn claims were preempted by federal law and said the adverse events concerning dilation and curettage and hysterectomies were not “newly acquired information” that would have allowed Corcept to unilaterally change the labeling.
The court declined to rule on whether claims for failure to report adverse events to FDA were preempted, pending a Massachusetts Supreme Judicial Court ruling on whether state law recognizes such claims independent of the Federal Food, Drug, and Cosmetic Act.
Finally, the attorneys write, the court disagreed with the company’s position that the plaintiff’s claims for failure to monitor her for adverse events were preempted as “poorly-disguised” failure-to-warn claims. The court said the claims were predicated on different facts, including that the company assigned a patient care advocate and the advocate’s inaction when the plaintiff stopped menstruating.