Court Dismisses Amiodarone Suit Against Sandoz
An Alabama federal court has granted Sandoz’ motion to dismiss a suit against it alleging that it failed to warn sufficiently about risks in use of amiodarone (a generic form of Wyeth’s Cordarone), off-label promotion, negligence, and failure to provide a Medication Guide to a man who died as a result of taking the drug off-label for atrial fibrillation. The court agreed with Sandoz that the charges against the company were preempted by federal law.
The court also recognized that the company had no obligation to provide a Medication Guide to patients, but only to the dispensing pharmacist. And it said that the state’s learned intermediary doctrine bars the estate’s failure-to-warn claim, even if it were not preempted. It also held that the plaintiff’s off-labeling marketing claims lacked the detail and specificity required by the rules of evidence.
The plaintiff was permitted to amend the complaint, in part, to restate the off-label promotion claim since the court said that it is not clear that the plaintiff cannot state such a claim against the defendant.