5th Circ. Mulls New Trial Bid In Sanofi Chemo Bellwether

Law360 (July 21, 2021, 4:36 PM EDT) -- A Fifth Circuit panel questioned during oral arguments on Wednesday whether a new trial should be granted to the plaintiff in the first bellwether trial against Sanofi over permanent hair loss allegedly linked to its chemotherapy drug Taxotere.

Plaintiff Barbara Earnest told the panel that Sanofi US Services Inc.'s sole expert witness, Dr. John Glaspy, was wrongly allowed to tell the jury it should trust a reanalysis of a pivotal drug trial conducted by a former employee, Dr. Michael Kopreski, who testified for the company. Glaspy never independently verified that reanalysis, which Earnest says jurors were told shows only rare instances...

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