Scant Detail in Complaint Saves Prednisone Claims From Dismissal
October 21, 2008
DOCUMENTS
- Opinion
SAN DIEGO - A California man's complaint alleging injury caused by the drug Prednisone doesn't contain enough detail to provide a basis for dismissing the case based on statute of limitations and other defenses, a judge has ruled. Gilbert v. Watson Laboratories Inc., et al., No. 07-2023 (S.D. Calif.).
Judge Thomas J. Whelan of the U.S. District Court for the Southern District of California said Oct. 9 that the scant details in the complaint, along with the defendants' failure to establish their own timeline for Douglas Gilbert's alleged injury, preclude an award of summary judgment for failure to state a …