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Pennsylvania Superior Court Affirms That Opioid Death Complaint Is Preempted

Mealey's (May 16, 2018, 12:56 PM EDT) -- PHILADELPHIA — The Pennsylvania Superior Court on May 9 affirmed dismissal of an opioid death complaint because the complaint was premised on violation of federal drug law and is preempted (Joseph A. Caltagirone, et al. v. Cephalon, Inc., No. 1303 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub LEXIS 1504).

(Opinion available.  Document #28-180517-016Z.)

Joseph F. Caltagirone suffered from migraine headaches.  In 2005, his doctor prescribed Actiq, a fentanyl lollypop, to treat the migraines.

Actiq was approved in 1998 for the treatment of breakthrough cancer pain...
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