5th Circ. Won't Revive Sanofi Chemo Hair Loss Suit

Law360 (June 10, 2021, 8:40 PM EDT) -- The Fifth Circuit on Thursday said that a breast cancer survivor didn't timely file her lawsuit alleging that Sanofi's chemotherapy drug Taxotere caused her permanent hair loss, upholding a lower court's ruling tossing her suit from multidistrict litigation.

The three-judge panel said that Antoinette Durden waited more than four years after she started having permanent hair loss to sue in 2016, well beyond Louisiana's one-year limit for such claims. She finished chemotherapy in early 2012, and the clock started running to file suit six months later in August 2012, when her hair hadn't grown back, the panel said in an unpublished...

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