Preemption Ruling Reversed in Pharmaceutical Case

November 6, 2018

The Court of Appeal has reversed the dismissal of a case brought by multiple plaintiffs who alleged that they developed pancreatic cancer from prescription drugs used to treat diabetes.  The Court of Appeal found that the trial court committed error by refusing to consider the plaintiffs’ summary judgment evidence and ruling that their state-law claims were preempted by federal law.  Martin represented the plaintiffs on appeal.