Rotondo v. Amylin Pharmaceuticals CA2/7
Plaintiffs in this consolidated proceeding allege state-law claims asserting that pharmaceutical manufacturers failed to warn consumers that a class of diabetes medication commonly known as “incretin-based drugs” increases the risk of pancreatic cancer. The manufacturers filed a motion for summary judgment arguing that plaintiffs’ claims were preempted under Wyeth v Levine (2009) 555 U.S. 555 (Wyeth) because the undisputed evidence showed the Food and Drug Administration would not have permitted a warning for pancreatic cancer. The trial court agreed and granted judgment in the manufacturers’ favor.
We reverse, concluding that the trial court erroneously interpreted Buckman Co. v. Plaintiffs’ Legal Committee (2001) 531 U.S. 341 (Buckman) to preclude the consideration of scientific evidence that the Food and Drug Administration had not previously evaluated.
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