Drug & Device Law selected two Shook results among its Top Ten Prescription Drug/Medical Device Product Liability Decisions of 2017. The decisions included:
Cerveny vs. Aventis led by Shook Of Counsel Bill Northrip and Partner Eric Swan. At issue in Cerveny was whether Aventis failed to warn the plaintiffs of the risk of using fertility drug Clomid to become pregnant. The complaint alleged that Clomid causes birth defects in women who take it before pregnancy, in part because it has a long half-life and can remain in a woman’s blood into the second month of pregnancy.
Eike v. Allergan, Inc. led by Shook Partners Lori McGroder, Jim Muehlberger and Of Counsel Doug Maddock. The U.S. Court of Appeals for the Seventh Circuit decertified and dismissed with prejudice a class action alleging the packaging of prescription eye drops produced by several pharmaceutical companies dispensed too much product at once, causing users to waste the excess in each dose.