Court Dismisses Most Allegations in Generic Cordarone Suit

A Kentucky federal judge has dismissed six of seven allegations in a suit against Zydus Pharmaceuticals, a manufacturer of a generic form of Wyeth’s Cordarone (amiodarone hydrochloride). The suit’s plaintiff says she suffered blindness due to amiopdarone toxicity after taking the drug to treat atrial fibrillation, an off-label indication. The suit alleged negligence, gross negligence, strict product liability — failure to warn, negligent failure to warn, breach of implied warranty, breach of expressed warranty, and fraud and deceit, in part for off-label marketing.

The court granted Zydus’ request to dismiss the first six claims either because they were preempted under federal law or because they didn’t contain sufficient specificity. It ruled that the plaintiff could file an amended claim only on the seventh allegation and with enough specifics about fraud, deceit, and off-label marketing related to state law to be able to continue.