Legal Opinion
Moore v. Zydus Pharmaceuticals (USA), Inc.
District Court, E.D. Kentucky
Decided September 29, 2017No. Civil No. 3:16-cv-00017-GFVTPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION & ORDER
Gregory F. Van Tatenhove, United States District Judge
Cathy Moore seeks to recover for alleged harm caused by her use of a generic *876drug. As explained below, in large measure Moore has no avenue of recovery. This is a function of federal preemption. Hence, the Defendant Zydus Pharmaceuticals’ Motion to Dismiss [R. 30] is GRANTED in PART and DENIED in PART.
I
Plaintiff Cathy Moore suffered from a medical condition known as atrial fibrillation, for which she was prescribed a 90-day course of 200 milligram amiodarone hydrochloride tablets. [R. 1 at 8.] Amiodar-one…
2Cases cited37 opinions
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- Foman v. DavisSupreme Court of the United States · 1962
- Directv, Inc. And Echostar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department of Revenue for the State of KentuckyCourt of Appeals for the Sixth Circuit · 2007
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
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3Cited by4 opinions
- Rita McDaniel v. Upsher-Smith Laboratories, Inc.Court of Appeals for the Sixth Circuit · 2018
- McIntosh v. CrewsDistrict Court, E.D. Kentucky · 2022
- POLT v. SANDOZ, INC.District Court, E.D. Pennsylvania · 2020
- Rita McDaniel v. Upsher-Smith Laboratories, Inc.Court of Appeals for the Sixth Circuit · 2018