Taxotere Plaintiff Seeks 5th Cir. En Banc Review of Summary Judgment Ruling

NEW ORLEANS — A plaintiff has asked the full 5th Circuit U.S. Court of Appeals to review an award of summary judgment to Sanofi-Aventis in a Taxotere case, following a panel’s ruling that her doctor would not have changed his decision to prescribe the breast cancer drug had he been provided with a stronger warning that it could cause permanent hair loss.

In an April 19 opinion, the 5th Circuit U.S. Court of Appeals panel found it is beyond any genuine dispute that a different warning would not have swayed the prescribing doctor, given the plaintiff’s age and the aggressiveness …