U.S. District Court for the District of Massachusetts Grants Summary Judgment to Sandoz
May 9, 2011
In May 2011, Hollingsworth LLP obtained summary disposition for Firm client Sandoz Inc. in the case of Kerlinsky v. Sandoz, et al., which had been pending in the District of Massachusetts. Plaintiff, who was pro se, asserted failure-to-warn claims against Sandoz regarding its generic terazosin drug, which plaintiff claimed had caused him to pass out and his heart to stop beating. Hollingsworth LLP partner Steve Klein was able to push for an early date for plaintiff to disclose his experts, and then moved to strike expert disclosure as inadequate and non-compliant with Rule 26(a)(2). Mr. Klein also concurrently moved for summary judgment on the ground that without any valid expert testimony, plaintiff was unable to prove medical causation. The court granted both motions to strike and for summary judgment, taking several passages in its memorandum opinion directly from Hollingsworth LLP’s briefing.