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# Court Resolves Old Sun Pharmaceutical Case
- URL: https://www.fdaweb.com/court-resolves-old-sun-pharmaceutical-case/
- Published: 2018-02-07T12:00:00.000Z
- Updated: 2026-09-14T23:20:39.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5140707

A New York federal court has finally ruled on a 2012 motion to dismiss a suit based on earlier Supreme Court rulings in *Mensing* and *Bartlett*. Attorney **Michelle Yeary** (Dechert) writes in an online blog [post](https://www.druganddevicelawblog.com/2018/02/long-overdue-generic-dismissal.html?utm%5Fsource=Mondaq&utm%5Fmedium=syndication&utm%5Fcampaign=View-Original) that the suit alleged the plaintiff suffered from Stevens Johnson Syndrome as a result of using the company’s generic anticonvulsant drug to treat his epilepsy.

In early 2011 the court had granted the company’s motion to dismiss all claims except those alleging breach of express and implied warranty. In 2012, the defendant filed a motion for judgment on the remaining two claims.

“It should come as little surprise that the warranty claims, premised on a failure to warn, were found to be preempted,” Yeary writes. The court’s analysis held that because the plaintiff’s warranty claims were essentially state law tort claims attacking a drug label warning as insufficient, they are preempted.

The court rejected the plaintiff’s notion that the defendant could have sent out Dear Doctor letters rather than change the label or could have pulled the drug off the market.

“There is nothing new or novel about the court’s decision other than the amount of time it took to be entered,” Yeary says. “The case simply hung around for way too ling and could have been disposed of five years ago.”