The plaintiff sought to file an amended complaint, which would replace her short form complaint that defines “Permanent Chemotherapy Induced Alopecia,” using identical language in which the multidistrict litigation court previously rejected. Chief U.S. District Judge Michael F. Urbanski rejected the plaintiff’s request and agreed with Sanofi as to each of the plaintiff’s claims.
A federal judge in Virginia sided with pharmaceutical company Sanofi last week regarding claims brought against it over its cancer-treating drug Taxotere, finding Virginia does not recognize strict products liability as a cause of action and the plaintiff’s fraud-based claims were inadequately pleaded.
The plaintiff, Tresila Lambert, sued Sanofi, claiming that she used the drug, which allegedly caused permanent chemotherapy-induced alopecia. Lambert’s complaint was filed directly in multidistrict litigation which was consolidated in the U.S. District Court for the Eastern District of Louisiana against multiple pharmaceutical companies to recover for injuries associated with various chemotherapy drugs the plaintiffs took to treat cancer.
