On April 7th the Eleventh Circuit Appellate Court upheld the decision made by a lower court in January of 2009 granting AstraZeneca’s summary judgment and dismissing the first product liability case for Seroquel .
In 2009 District Judge Anne Conway found that the plaintiff’s expert failed to prove that the taking of Seroquel caused the plaintiffs alleged injury. Yesterday’s appeals court decision as well finds that Seroquel cannot be proven to be responsible for the plaintiff’s alleged injuries. AstraZeneca spokesman Tony Jewell says” We intend to continue to defend ourselves against these claims that plaintiff’s lawyers have been repeatedly unable to prove in multiple courts across the country.”
Both federal and state judges have found that the plaintiffs lack sufficient, admissible evidence to support their claims of Seroquel causing their injuries. For example:
* Judge Anne Conway dismissed the first two product liability cases in Seroquel federal multidistrict litigation.
* Judge Joseph Slights granted Summary Judgment for AstraZeneca and dismissed the case in Delaware.
* Plaintiff’s lawyers requested to voluntarily dismiss the next case pending trial in Delaware.
* Two cases set for November 2009 trial dates were voluntarily dismissed for the Superior Court of Delaware
* Judge Joseph R. Slights III granted Summary Judgment and dismissed the next two cases scheduled for trial in the Superior Court of Delaware
* Judge Jessica R. Mayer followed suit in New Jersey state court dismissing one of the first cases scheduled for trial in that state.
* Baker vs. AstraZeneca was the first case to go to trial and was ruled in favor of AstraZeneca in New Jersey against a Louisiana plaintiff.
Seroquel is approved for treating schizophrenia and bipolar disorder, but is often prescribed for unapproved uses like psychiatric conditions and insomnia. At this time there are more than 25.000 liability lawsuits pending over Seroquel with most of the plaintiffs alleging that the drug has cause d diabetes. If the results of the past year are any indication then AstraZeneca has nothing to worry about. Their experts continually show that the plaintiffs have no clear evidence that Seroquel caused their injuries. Even with all the pending cases Seroquel is AstraZeneca’s second best seller and brought in $4.9 million in 2009.