11th Circuit Affirms; Opioid Off-Label Promotion Claim Is Preempted

Mealey's (January 9, 2019, 11:41 AM EST) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on Dec. 19 affirmed dismissal of a fentanyl opioid wrongful death case because the plaintiff’s allegation of negligent marketing is preempted by federal law (Robert N. Markland, et al. v. Insys Therapeutics, Inc., et al., No. 17-14607, 11th Cir., 2018 U.S. App. LEXIS 35548)....

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