Propoxyphene is an opioid used to treat moderate pain. Eli Lilly originally sold the drug, but, after the patent protection ended, several generic drug companies began selling it. Propoxyphene was pulled from the market in 2010 by the Food and Drug Administration after the agency found the drug’s benefits were outweighed by cardiac risks.
The court held liability cannot be imposed upon the pharmaceutical companies that sold the drugs because the state court-based claims are preempted by the federal drug misbranding statute. The misbranding statute requires a manufacturer to pull drugs from the market when drugs are dangerous to the health of its users, even when the correct dosage is taken.
Although the plaintiffs properly pleaded many tort claims in the cases, the core of the claims was design defect, which the U.S. Supreme Court has held are preempted by federal statute.
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