Capabilities

In Re: Plavix Marketing, Sales Practices and Products Liability Litigation

Bristol-Myers Squibb and Sanofi-Aventis
2010 - 2018

Arnold & Porter's Product Liability team obtained a final summary judgment victory on behalf of pharmaceutical companies Bristol-Myers Squibb Company and Sanofi-Aventis to end personal injury product liability litigation regarding their blood thinner drug Plavix. The decision brings to a close 12 years of litigation, without a single trial.

It also capped a string of rulings for Defendants that gradually chipped away at the litigation, including the grant of summary judgment motions on learned intermediary grounds in individual cases pending in an MDL in New Jersey district court and in California state court. In addition, the litigation spurred the US Supreme Court's review of critical specific jurisdiction issues and resulted in the Court's landmark decision in BMS v. Superior Court of California, which is helping put an end to unchecked plaintiff forum shopping.

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