Lofton v. McNeil Consumer & Specialty Pharmaceuticals

EDITH H. JONES, Chief Judge:

Christopher M. Lofton tragically died from a rare disease called Toxic Epidermal Necrolysis (“TEN”) after taking Motrin. Lofton’s wife and children brought suit against the Appellees asserting that Motrin caused the disease and the Appellees had failed to warn consumers about the risk of these severe autoimmune allergic reactions. The district court entered summary judgment for the Appellees. The only issue on appeal is whether the district court correctly found that federal law preempts a Texas tort reform law that requires plaintiffs to assert, in failure to warn…