Congratulations to firm client Parker Waichman LLP on securing a denial of a motion to dismiss filed by Defendant Novartis Pharmaceuticals Corp. in a case pending in the District of New Mexico alleging that Novartis hid serious side effects of its blood cancer drug Tasigna. Novartis argued that the plaintiff failed to allege the exact date he was diagnosed with the side effects, and thus he should not be able to move forward with his negligence and product liability claims. U.S. District Judge James A. Parker disagreed, finding that the plaintiff was not required to preemptively refute Novartis’ affirmative defenses, and that his lawsuit can proceed. You can read the Court’s opinion here. You can also read a Law360.com article about the case here.
