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U.S. Magistrate Judge Joel Schneider of the District of New Jersey denied Daiichi Sankyo’s motion to set restrictions on prescribing doctors’ ex parte communications with plaintiffs and their attorneys. The defendants in the case, Daiichi-Sankyo, sought the order that would bar plaintiffs’ counsel from engaging in ex parte communications with the prescribing physicians regarding liability issues or theories, defendants’ conduct, product warnings and documents produced in the case. Counsel for the defense asserted in their court submitted brief that such an order was necessary in order for both parties in the litigation to be on equal footing and “as a matter of due process and fundamental fairness.”
Daiichi Sankyo and their attorneys also felt that such interaction with counsel for plaintiffs would unduly influence physicians who were still prescribing the drug Benicar and sway them toward no longer prescribing the drug for the treatment of hypertension.
According to Adam Slater of Mazie, Slater, Katz & Freeman in Roseland, who represents the plaintiffs, the judge’s ruling carefully balanced the parties’ interests and the judge’s decision not to restrict plaintiffs’ communications with their doctors will have “a lot of significance outside of Benicar, across the board.
If you or a loved one has suffered after taking the drug Benicar, after speaking to your doctor about your condition, you or your family should seek the advice of a legal professional. By U.S. law, the manufacturers of products that cause harm to others are held legally responsible. At John Foy & Associates, we want to help you and protect your rights.
Contact the law offices of John Foy and Associates to discuss your Benicar lawsuit today. You may reach us at (404) 400-4000 to schedule your free consultation to discuss your case.
