Mich. Plaintiff’s Claims Barred by Product Liability Act, Taxotere MDL Judge Rules

NEW ORLEANS — The judge overseeing the Taxotere MDL docket has awarded Sanofi-Aventis summary judgment on a Michigan plaintiff’s claims, ruling they are barred by the Michigan Products Liability Act, which absolves drug makers of liability if the drug and its label comport with FDA guidelines.

In an April 7 order, Judge Jane Triche Milazzo of the U.S. District Court for the Eastern District of Louisiana agreed with defendants that the fraud-on-the exception to the MPLA’s liability provision is preempted by federal law pursuant to Buckman v. Plaintiffs’ Legal Committee.

Plaintiffs in the MDL allege Taxotere has caused them to …