Sidley is defending Ferring Pharmaceuticals in class action litigation (and individual personal injury and economic loss lawsuits) brought in federal courts in Illinois and Texas and state court in California. The lawsuits involve the company’s recall of Bravelle, a drug used to help women produce multiple eggs in assisted reproductive technology (ART) procedures. Bravelle was recalled in 2015 after some, but not all, batches tested slightly below specification for potency. Ferring subsequently instituted a reimbursement program to provide refunds for the cost of the medicine. Plaintiffs sued for additional expenses they claim to have incurred in certain ART procedures that used the recalled Bravelle, and for other alleged injuries. Sidley obtained a major victory in Texas this month when U.S. District Judge Vanessa D. Gilmore granted both of Sidley’s Daubert motions — to exclude plaintiff’s purported expert witnesses and Sidley’s motion for summary judgment. Sidley is also helping to coordinate the defense of class action and personal injury lawsuits in Canada.
Maja Eaton, Kara McCall and Beth Chiarello in the Chicago office are leading the Sidley multi-office team, which also includes Alycia Degen (Los Angeles), Caitlin Maly (Chicago), Lucas Rael (Chicago) and paralegal Meredith Dudley, among others.