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Schedin v. ORTHO-McNEIL-JANSSEN PHARMACEUTICALS

Citations: 808 F. Supp. 2d 1125; 2011 U.S. Dist. LEXIS 96837; 2011 WL 3837104Docket: Civil No. 08-5743 (JRT)

Court: District Court, D. Minnesota; August 26, 2011; Federal District Court

Narrative Opinion Summary

The case involves a lawsuit by the plaintiff against Ortho-McNeil-Janssen Pharmaceuticals concerning the drug Levaquin, alleging failure to adequately warn about the risk of tendon rupture. The jury awarded the plaintiff compensatory and punitive damages, finding that Ortho-McNeil had not fulfilled its duty to warn despite existing label warnings. Ortho-McNeil sought a new trial and judgment as a matter of law, arguing evidence insufficiency, improper evidentiary rulings, and pre-emption based on Mensing. The court rejected these claims, noting that Mensing does not apply to brand-name manufacturers and the jury's verdict was supported by evidence. Additionally, the court found that Ortho-McNeil's arguments for pre-emption and inadequate warnings were unpersuasive, as the evidence showed awareness of increased risks. The court admitted post-2005 labeling changes and foreign regulatory actions as evidence, deeming them relevant and non-prejudicial. Ultimately, the court upheld the jury's findings, denying Ortho-McNeil's motions, and emphasized that the punitive damages were justified by Ortho-McNeil's conduct.

Legal Issues Addressed

Admissibility of Evidence in Product Liability Cases

Application: The court allowed the admission of post-2005 labeling changes and foreign regulatory actions, justifying them as relevant and not unduly prejudicial.

Reasoning: The Court emphasized that it provided a limiting instruction to the jury. This instruction mitigated any risk of harm, rendering the admission of evidence consistent with Rule 407.

Failure to Warn in Pharmaceutical Liability

Application: The court affirmed the jury's finding that Ortho-McNeil inadequately warned about the risks of tendon rupture associated with Levaquin, despite the presence of a warning label.

Reasoning: The jury concluded that merely updating the label without other communications failed to meet the manufacturer’s duty to warn, thereby finding that Ortho-McNeil breached this duty, causing Schedin's injuries.

Judgment as a Matter of Law

Application: The court denied Ortho-McNeil's motion for judgment as a matter of law, affirming the jury's role in deciding evidence credibility and sufficiency.

Reasoning: Under Rule 50 of the Federal Rules of Civil Procedure, judgment as a matter of law is appropriate only when no reasonable juror could favor the nonmoving party.

Pre-emption in Pharmaceutical Regulation

Application: The court ruled that the pre-emption defense was inapplicable as the Mensing standard does not apply to brand-name manufacturers like Ortho-McNeil.

Reasoning: The court found Mensing inapplicable to brand-name manufacturers like Ortho-McNeil, determined that the jury's verdict was supported by the evidence, and concluded that no unfair trial occurred.

Punitive Damages Standards

Application: Punitive damages were upheld based on evidence of Ortho-McNeil's awareness of greater tendon toxicity associated with Levaquin and inadequate warning actions.

Reasoning: Schedin provided substantial evidence of Ortho-McNeil's awareness of Levaquin's potential higher tendon toxicity, including documentation showing attempts to obscure this information and inadequate warnings to prescribers, which justified the jury's punitive damages decision.