Law360 Quotes Hunter Shkolnik on Diabetes Drug Lawsuits

November 8, 2018

A California appeals court revived claims Tuesday that Merck & Co. and other diabetes drugmakers failed to warn about their drugs’ pancreatic cancer risks, finding a lower court erred in not considering scientific evidence the U.S. Food and Drug Administration hadn’t evaluated.

“In light of the [Ninth] Circuit’s reversal of Judge Battaglia’s order, which the state court judge virtually adopted verbatim, this reversal of the state court preemption decision was expected,”
Hunter J. Shkolnik of Napoli Shkolnik PLLC, counsel for the patients, told Law360. “Both the federal court and state court rulings were improper, and now these families will be able to
pursue their cases.”

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