(August 5, 2011)
The children of a deceased St. Louis woman brought claims against Genentech Inc. and Biogen Idec Inc. – Rituxan manufacturers – claiming their mother’s ingestion of the medicine led to progressive multifocal leukoencephalopathy (PML), and her eventual death in October 2009.
Mary Merrick’s children allege that the Rituxan manufacturers were willful and wonton with their actions, as well as showing a disregard for the safety of the people they sold their product to.
The Rituxan manufacturers argued that they gave warnings to the doctor about the risk of PML, as well as including a medication guide with the medicine for all Rituxan users to see. However Merrick’s children said that their mother never filled out a consent form with the doctor, and there isn’t proof that the warning was sufficient.
Judge Jean C. Hamilton concluded, “The Court cannot determine that the warnings provided to the Decedent’s physician were adequate as a matter of law, based solely on the proceedings. The Court requires additional evidence, usually in the form of expert testimony, that the warnings adequately informed the Decedent’s physician of Rituxan’s risks. The court denies defendants’ motion for judgment on the pleadings because the court cannot find that warnings were adequate as a matter of law based solely on the pleadings.”
If you or a loved one have taken Rituxan, you may be eligible to file a dangerous drug claim. contact one of our attorneys at 1-800-246-4878 for more information.