Law360 Reports on Summary Judgment Affirmation for Shook Client

Law360 reported on a case involving allegations against Shook client Pharmacia that two vials of Depo-Medrol®, an injectable corticosteroid, were contaminated during the manufacturing process and caused a patient’s infection death. 

In “Tufts Must Face Suit Over Patient’s Infection Death,” Law360 describes the case, which alleged a product liability claim against Pharmacia. After a review of the plaintiff’s expert witness testimony, the Massachusetts Appeals Court affirmed a summary judgment for Pharmacia & Upjohn Company LLC, subsidiary of Pfizer.

The three-judge Massachusetts Appeals Court panel stated, “[The expert’s] acknowledgement—that the defect may have occurred in the delivery or transportation process—is fatal to the plaintiff’s claims against Pharmacia.”

Drug & Device Law also featured the decision, noting, “To win this kind of motion, concerning this drug, in this venue is a truly notable accomplishment.”

Counsel for Pharmacia included Shook attorneys Jennise Stubbs, Sonila Themeli and Dan Rogers. 

The case continues against other defendants.