Switch to ADA Accessible Theme Close Menu


A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Call us anytime for an always free consultation.

Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Florida Judge Denies Bid to Toss Product Liability Lawsuit

A federal judge in Florida denied a motion made by Sandoz, Inc. to toss a product liability lawsuit that was made by a patient who claimed that she was injured by their contaminated cancer drugs. The judge ruled that the company’s preemption argument was not enough to prevent the product liability case from moving forward in the courts.

Facts of the Case

In the case of Amy Trahan et al. v. Sandoz Inc., Ms. Trahan filed a lawsuit against Sandoz in 2013 after she took injections of Sandoz’s generic form drugs of methotrexate to treat her choriocarcinoma, an aggressive form of cancer that occurs in a woman’s uterus. She took the drug originally in 2010, just before the company issued a voluntary recall of the generic drugs. The recall occurred because Sandoz found glass flakes in some of the vials of the drugs because of delamination of the glass.

Ms. Trahan claims that she was injured by the glass flakes in her drug injections, including suffering from multiple lung collapses and several strokes. She sued Sandoz under a strict liability design defect and negligence claim, claiming that the company used substandard glass vials to package their cancer drugs.

Lawyers for Sandoz argued in court that the case should be thrown out because it is preempted under federal law. They claim that the U.S. Food and Drug Administration prevented the company from changing the design and packaging of the drug because it must remain identical to the brand-name equivalent. However, the Florida federal judge in this case did not agree.

Ruling of the Court

Judge Marcia Morales stated in her ruling that “The court is not persuaded that it was impossible for Sandoz to use a safer container . . . Accepting the allegations . . . to the extent Sandoz used low-quality or defective glass vials which were more susceptible to delamination, Sandoz has not shown as a matter of law that it was impossible for it to use a different, non-defective glass vial.”

Another judge in the case agreed and went on to state that the company may have chosen the glass vials prior to the FDA approval of their generic drug as well as that there is no basis to find that Sandoz was required under the federal law to use the substandard glass vials to begin with. She concluded that the mere fact that the company could not change the vials after approval does not establish “impossibility preemption” under the law.

Call a Products Liability Lawyer Today

Companies and manufacturers should be held responsible if the products that they make hurt their consumers. If you or someone that you know has been injured by a product in Orlando, Fort Myers, Tampa, Jacksonville, or West Palm Beach, let the experienced product liability lawyers at The Pendas Law Firm help. Call the office or contact us today for a private and free review of your claims.

Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald