Amiodarone Cases

Filed 11/3/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

AMIODARONE CASES.

A161023, A161762

(Alameda County Super. Ct. No. JCCP004956)

In the coordinated cases underlying these consolidated appeals, plaintiffs allege that they suffered serious side effects as a result of taking the prescription drug amiodarone, which their physicians prescribed for them “off-label”—that is, for uses not approved by the United States Food and Drug Administration (FDA). Plaintiffs sued the companies that promoted, distributed, and sold amiodarone, alleging that the companies failed to warn them about the dangers of the drug and promoted the drug aggressively and unlawfully for unapproved uses. The trial court sustained defendants’ demurrers without leave to amend. Plaintiffs appeal, making two arguments: (1) as to all defendants, that it was error to dismiss as preempted their claims that defendants failed to warn them about the dangers of amiodarone because defendants did not ensure that they received the content of the FDA-required Medication Guide for the drug; and (2) as to one defendant, Wyeth Pharmaceuticals, Inc.…