Firm Client Novartis Wins Summary Judgment in Lamisil Suit
The U.S. District Court for the Middle District of Florida granted summary judgment on all claims for Firm client Novartis Pharmaceuticals Corporation in a prescription drug products liability lawsuit. See Chase v. Novartis Pharms. Corp., No. 8:04-cv-885-T-26TBM (M.D. Fla. Sept. 29, 2006). Plaintiff sought damages for personal injuries allegedly caused by her use of the antifungal medication Lamisil, claiming that Novartis failed to provide adequate warnings of potential side effects. After reviewing a summary judgment motion submitted by the Firm on behalf of Novartis, United States District Judge Richard Lazzara ruled that Novartis was entitled to judgment as a matter of law on all of plaintiff’s remaining claims. Judge Lazzara’s order pointed out that the physician who prescribed Lamisil® to plaintiff never testified to a reasonable degree of medical probability that the drug caused plaintiff’s injuries. Judge Lazzara also ruled that this physician testified “unequivocally . . . that he would not have changed his prescription decision for Plaintiff in 2000, even with the addition of the language now found in the package insert.”