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November 2011

DRI Profiles Thomas Packer’s Judgment of Dismissal

The Voice, the weekly electronic newsletter from the Defense Research Institute, profiled Partner Tom Packer's judgment of dismissal in its November 9th edition. The lawsuit, a strict liability, negligence, and breach of warranty action, was brought by a dental patient who received an injection of an anesthetic manufactured by the client, an international pharmaceutical company. The plaintiff alleged that the anesthetic caused severe facial and oral nerve injuries.

Gordon & Rees filed a motion for summary judgment and argued that the warnings on the product’s package insert, which included results from adverse clinical trials and post-marketing reports of adverse reactions, provided the plaintiff’s dentist with sufficient notice of the risks associated with use of the anesthetic. The court agreed, holding that the insert constituted adequate warning of the risk of plaintiff’s symptoms. The court further found that plaintiff failed to show that any alleged inadequacy in the warnings caused his dentist to incorrectly administer the anesthetic to him. The court entered judgment in favor of Gordon & Rees’s client and dismissed the entire lawsuit.

Please click here to read the article in The Voice.