Plaintiffs Who Used Generics May Sue Branded Makers Under California Law

Two California plaintiffs who used only generic propoxyphene painkillers may pursue misrepresentation claims under California law against a maker of the branded products, the federal court overseeing multidistrict litigation held Sept. 5 (In re Darvocet Darvon & Propoxyphene Products Liability Litigation, E.D. Ky., 2:11-md-02226-DCR, 9/5/12).

However, the U.S. District Court for the Eastern District of Kentucky dismissed product liability and negligence claims against that manufacturer, Xanodyne Pharmaceuticals Inc., which made the branded Darvon and Darvocet products after February 2002, because the plaintiffs did not allege they took a Xanodyne product.

In allowing the misrepresentation-based claims, the MDL ...