Sabrina Lombardi

The representative plaintiffs moved for approval of a $2.375 million settlement in a class action concerning the under-dosing of chemotherapy drugs at several hospitals.

The defendants, who supplied and administered the drugs, denied liability, arguing there was no evidence of clinical impact on patient outcomes and that the plaintiffs' psychological harm did not meet the legal threshold for a recognizable psychiatric illness.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class given the significant litigation risks, the lack of evidence showing clinical harm, and the recommendations of experienced class counsel.

The court also approved class counsel's requested fees of $400,000.

In a proposed pharmaceutical products liability class proceeding, the defendants moved for summary judgment before certification.

The plaintiffs alleged that a testosterone gel caused serious cardiovascular events, was improperly marketed for age-related low testosterone, and generated claims in negligence, failure to warn, unjust enrichment, waiver of tort, and pure economic loss.

The court held that although the evidence established an association and biological plausibility, it did not establish general causation on a balance of probabilities.

The court further held that an association may trigger a duty to warn, but any failure-to-warn claim still failed because causation was not proven.

The claims for unjust enrichment, waiver of tort, and pure economic loss also failed factually and legally, and the action was dismissed.