Linda S. Woolf, Kamil Ismail, Joseph B. Wolf, and Brandon L. Goodman, representing Pfizer Inc, obtained dismissal of a product liability case involving a porcine circovirus vaccine on the basis that all of the plaintiff’s claims were federally preempted. In Wyoming Premium Farms v. Pfizer Inc, et al., filed in the United States District Court for the District of Wyoming, the plaintiff alleged that the circovirus vaccine was defective and had resulted in a high rate of mortality among its livestock. The plaintiff asserted claims for strict liability, negligence, breach of warranty, and misrepresentation. On behalf of Pfizer, Goodell DeVries moved for judgment on the pleadings on the basis that all of the plaintiff’s claims were preempted pursuant to the federal Virus-Serum-Toxin Act (“VSTA”). On April 29, 2013, United States District Judge Alan B. Johnson issued an opinion in which he agreed with Goodell DeVries that all of plaintiff’s claims were federally preempted. Accordingly, Pfizer’s motion for judgment on the pleadings was granted.
