United States Fourth Circuit

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Drager v. PLIVA USA, Inc., 12-1259

The district court's denial of plaintiff's request to amend her complaint and its dismissal of her state common law tort claims against defendant for injuries sustained as a result of her use of a drug it manufactured are affirmed, where: 1) plaintiff never filed a motion to amend her complaint or a proposed amended complaint with the district court; and 2) all of plaintiff's causes of action are preempted by the Federal Food, Drug, and Cosmetics Act.

Appellate Information

  • Decided 01/28/2014
  • Published 01/28/2014




  • United States Fourth Circuit