Taxotere Claims are Untimely, 5th Cir. Affirms in Multi-Plaintiff Appeal

NEW ORLEANS — A federal appeals panel has upheld dismissal of three Taxotere (docetaxel) permanent hair loss cases, agreeing with the trial court that the claims were facially prescribed and that Louisiana’s equitable tolling doctrine of contra non valentem did not save the claims.

In an April 21 opinion, the 5th Circuit U.S. Court of Appeals panel explained that the women’s alleged injuries were sustained six months after their last chemotherapy treatment, yet they did not sue Sanofi Aventis until years later.

“As a matter of law, the injury of ‘an absence of or incomplete hair regrowth six months beyond …