Perry v. Novartis Pharmaceuticals Corporation

Perry v. Novartis Pharmaceuticals Corporation

Public Justice opposed the drug company Novartis’s federal preemption defense in this case involving the prescription drug Elidel. In its motion to dismiss, Novartis argued that the plaintiffs’ failure-to-warn claims were preempted because they conflicted with the U.S. Food and Drug Administration’s approval of the drug’s warning label. Novartis also relied on the preamble to the FDA’s labeling regulations, in which the agency stated that, in its view, failure-to-warn claims would conflict with its authority to regulate drug labels.

Public Justice joined the case to assist in briefing and arguing the preemption issue in the district court and on appeal. Lead counsel were Lou Bograd of CCL and Public Justice’s Leslie Brueckner. Public Justice’s Leslie Bailey was co-counsel; Larry Roth of Orlando, Fla., was plaintiffs’ trial counsel.

  • Leslie Bailey

Case Documents

  • Plaintiff’s Brief

    Plaintiffs' Brief in Opposition to Defendant's Motion for Summary Judgment, arguing, among other things, that the federal preemption motion must fail because the plaintiff's claims do not conflict with the federal regulatory scheme and that the FDA's recently published regulatory preamble, in which the agency stated its view that common-law failure to warn claims are preempted by federal law, is not entitled to deference.

    U.S. District Court for the Eastern District of Pennsylvania

    Docket: 05-CV-5350

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