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Sanofi Asks 5th Circ. To Toss Chemo Drug Hair Loss Claims
Law360 (December 16, 2020, 5:08 PM EST) Sanofi is asking the Fifth Circuit not to revive a suit by a patient alleging the company failed to warn that its chemotherapy drug Taxotere carried a risk of permanent hair loss, saying the patient s physician testified that a different warning would not have affected his decision to administer the drug.
In a brief filed Monday, Sanofi U.S. Services Inc. urged the court to affirm the dismissal of June Phillips suit, saying that under Louisiana law, the learned intermediary doctrine holds that a pharmaceutical company s duty is to warn the physician, not the patient, and Phillips cannot prove the warning was.