From pharmaceuticals to dietary supplements, preemption to public health, New York state and federal courts issued decisions in 2021 that further shaped the landscape in the medical and life sciences legal world. To prepare the best product liability and class action defense strategies for pharmaceuticals, medical devices and other FDA regulated products, it is often helpful to review holdings that have affected the industry and may shape the years ahead.
Pharmaceuticals
In Frei v. Taro Pharmaceutical U.S.A., 844 F. Appx. 444 (2d Cir. 2021) cert. denied No. 21-654 2022 U.S. LEXIS 12 (U.S. Jan. 10, 2022), plaintiffs appealed from the FRCP 12(b)(6) dismissal of their first amended complaint alleging injuries from taking Amiodarone, a generic drug manufactured by Taro Pharmaceutical. The Second Circuit affirmed the dismissal because none of the claims were plausibly pled, and as such did not reach the questions of whether certain claims were preempted or barred by the learned intermediary doctrine.
