Illinois Appeals Court Says ‘Clear Evidence’ Preemption Is A Jury Question

Mealey's (January 3, 2019, 4:59 PM EST) -- CHICAGO — An Illinois state appeals panel on Dec. 26 ruled that the question of whether there is “clear evidence” that the Food and Drug Administration would have rejected a warning that the diabetes drug Januvia can cause pancreatic cancer is one for a jury (Danitta Rinder, et al. v. Merck Sharp & Dohme Corp., No. 13 L 3244, Sally Donzelli, et al. v. Merck Sharp & Dohme Corp., No. 13 L 10283, Ill. App., 1st Dist., 2018 Ill. App. Unpub. LEXIS 2332)....

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