5th Cir. Says Bellwether Taxotere Plaintiff Entitled to New Trial

NEW ORLEANS — A 5th Circuit U.S. Court of Appeals Panel has reinstated the first Taxotere permanent hair loss bellwether case, ruling the plaintiff is entitled to a new trial because the lower court erred in admitting the testimony of defense expert Dr. Michael Kopreski as lay testimony under Rule 701.

In a Feb. 10 opinion, the panel found plaintiff Barbara Earnest was prejudiced by the testimony because it unfairly influenced the jury.

Earnest alleged Sanofi Aventis failed to warn that Taxotere can cause permanent hair loss (alopecia). The Food and Drug Administration approved the drug in 1996 “for the …