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Phillips v. Sanofi U.S. Services, Inc.

Court: US Court of Appeals for the Fifth Circuit

Docket: 20-30405

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.

This case law update is brought to you by Freeway Law, personal injury, and motor vehicle crash lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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