STORY FROM: Drugs & Medical Devices
Kentucky OxyContin Plaintiffs Denied Class Certification
March 12, 2002
LONDON, Ky. - Despite plaintiffs' attempt to withdraw the motion, a federal court in Kentucky has denied class certification to plaintiffs seeking damages as a result of OxyContin use, concluding that no commonality existed. Foister, et al. v. Purdue Pharma, et al., No. 01-268-DCR (E.D. Ky.).
The U.S. District Court for the Eastern District of Kentucky found on Feb. 26 that the case was unsuitable for certification because each class member's unique experience with OxyContin required litigating each individual case.
Prior to the scheduled hearing on plaintiffs' motion for class certification, plaintiffs on Feb. 7 filed a notice of withdrawal ...