Skadden secured a complete dismissal, with no leave to replead, on behalf of Vintage Pharmaceuticals, LLC in connection with hundreds of claims alleging personal injuries arising from Vintage’s manufacture and distribution of generic prescription medications containing propoxyphene.
At the FDA’s request, all medicines containing propoxyphene were withdrawn from the market in late 2010. On March 5, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky, Northern Division adopted arguments set forth in Skadden’s briefing and dismissed all claims against generic defendants. As a result, more than 700 plaintiffs’ claims against our client are expected to be dismissed, without discovery. The ruling will have a significant, positive impact on other manufacturers and distributors of generic medicines.