With thousands of cases pending against pharmaceutical manufacturers of cold/cough medicines containing PPA (phenylpropanolamine), McCarter & English, LLP and Kaye Scholer LLP recently succeeded in refuting a plaintiff's claim that the PPA contained in Switzerland-based Novartis Consumer Health, Inc.'s Tavist-D caused her hemorrhagic stroke. This was the first jury verdict in the nation among the thousands of pending PPA cases.
The jury unanimously rejected the plaintiff's claim that Tavist-D was defectively designed because it included PPA and that Tavist-D contained an inadequate warning. Judge Bryan Garruto, Superior Court, Middlesex County, NJ, presided over the case. All cold/cough products containing PPA manufactured by Novartis and other pharmaceutical companies were voluntarily taken off the market by the manufacturers in November 2000 at the request of the FDA.
"We're very pleased with the result and particularly happy that the jury could appreciate the scientific evidence that demonstrated that the product is not defective," said Gita Rothschild of McCarter & English, lead trial counsel in the case.