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David Ferrera Discusses Product Liability Suit Over Migraine Drug in Massachusetts Lawyers Weekly
Print PDFDavid Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, analyzed the U.S. District Court ruling in Warner v. Amgen Inc., et al. in Massachusetts Lawyers Weekly. In the article, “Product liability suit over migraine drug dismissed,” David said, “Your heart goes out to the [decedent] and his family, but it is a correct application of the law. If everyone could challenge an FDA label, you could have 50 different states deciding 50 different labels. That’s the idea behind national FDA approval of drug labels.”
David added, “Obviously, I think the judge hit the nail right on the head regarding 1st Circuit precedent and the role of the FDA. So to me, what’s interesting is a potential circuit conflict.”