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Perdue v. Wyeth Pharms., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION
Jul 20, 2016
No. 4:15-CV-208-FL (E.D.N.C. Jul. 20, 2016)
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Summary

dismissing plaintiff's claim for negligent "off-label" promotion of amiodarone because the claim was not premised on conduct that would give rise to a recovery under state law in the absence of the FDCA

Summary of this case from Bean v. Upsher-Smith Pharms., Inc. (In re Estate of Bean)
See 2 Summaries

Opinion

No. 4:15-CV-208-FL

07-20-2016

SARA G. PERDUE, as Executor of the Estate of Majorie S. Newton, Deceased, Plaintiff, v. WYETH PHARMACEUTICALS, INC.; TEVA PHARMACEUTICALS USA, INC.; BARR LABORATORIES, INC.; and ZYDUS PHARMACEUTICALS USA, INC., Defendants.

JULIE RICHARDS JOHNSTON, CLERK

JUDGMENT

Decision by Court.

This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of the defendants' motions to dismiss made pursuant to Federal Rule of Civil Procedure 12(b)(6). IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered July 20, 2016, and for the reasons set forth more specifically therein, that the defendants' motions to dismiss are granted. Plaintiff's claims against defendants Teva Pharmaceuticals USA, Inc., Barr Laboratories, Inc., and Zydus Pharmaceuticals USA, Inc. are dismissed with prejudice. Plaintiff's claims against defendant Wyeth Pharmaceuticals, Inc. are dismissed without prejudice. This Judgment Filed and Entered on July 20 , 2016, and Copies To:
Edward K. Wood, Jr. (via CM/ECF Notice of Electronic Filing)
Joseph A. Schouten (via CM/ECF Notice of Electronic Filing)
A. Charles Ellis (via CM/ECF Notice of Electronic Filing)
Dana C. Lumsden (via CM/ECF Notice of Electronic Filing)
Kimberly B. Martin (via CM/ECF Notice of Electronic Filing)
Amanda J. Turnage (via CM/ECF Notice of Electronic Filing)
Kirk G. Warner (via CM/ECF Notice of Electronic Filing)
Carla R. Karp (via CM/ECF Notice of Electronic Filing)
Christopher R. Kiger (via CM/ECF Notice of Electronic Filing)
Glenn S. Kerner (via CM/ECF Notice of Electronic Filing)
Nilda M. Isidro (via CM/ECF Notice of Electronic Filing) Leslie C. Packer (via CM/ECF Notice of Electronic Filing)
Beth S. Rose (via CM/ECF Notice of Electronic Filing)
Nora F. Sullivan (via CM/ECF Notice of Electronic Filing)
Vincent R. Lodato (via CM/ECF Notice of Electronic Filing) July 20, 2016

JULIE RICHARDS JOHNSTON, CLERK

/s/ Christa N. Baker

(By) Christa N. Baker, Deputy Clerk

Summaries of

Perdue v. Wyeth Pharms., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION
Jul 20, 2016
No. 4:15-CV-208-FL (E.D.N.C. Jul. 20, 2016)

dismissing plaintiff's claim for negligent "off-label" promotion of amiodarone because the claim was not premised on conduct that would give rise to a recovery under state law in the absence of the FDCA

Summary of this case from Bean v. Upsher-Smith Pharms., Inc. (In re Estate of Bean)

dismissing plaintiff's claim for negligent "off-label" promotion of amiodarone because the claim was not premised on conduct that would give rise to a recovery under state law in the absence of the FDCA

Summary of this case from McLeod v. Sandoz, Inc.
Case details for

Perdue v. Wyeth Pharms., Inc.

Case Details

Full title:SARA G. PERDUE, as Executor of the Estate of Majorie S. Newton, Deceased…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION

Date published: Jul 20, 2016

Citations

No. 4:15-CV-208-FL (E.D.N.C. Jul. 20, 2016)

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