Court: US Court of Appeals for the Fifth Circuit
Opinion Date: April 19, 2021
Judge: Per Curiam
Areas of Law: Drugs & Biotech, Personal Injury, Products Liability
The Fifth Circuit affirmed the district court’s grant of summary judgment on the plaintiff’s failure-to-warn claim asserted against the manufacturers of Taxotere, a chemotherapy medication. Plaintiff argues that Taxotere’s manufacturers failed to provide an adequate warning of potentially permanent hair loss, which caused her injuries. The court concluded that, under Louisiana law, the plaintiff cannot establish a causation where, on this record, it is beyond any genuine dispute that a warning of the risk of permanent hair loss—as opposed to temporary hair loss—would not have affected the prescribing physician’s decision to prescribe Taxotere. Therefore, the plaintiff’s claim fails as a matter of law.
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