STORY FROM: Drugs & Medical Devices
Federal Judge Denies Certification of Class Seeking Medical Monitoring and Restitution
September 25, 2002
NEW YORK- A federal judge denied certification of a proposed class of individuals who seek compensatory and punitive damages as result of their ingestion of Rezulin and a subclass of asymptomatic Rezulin users who seek the establishment of a medical monitoring program because the purported class did not satisfy the requirements of Rule 23. In re: Rezulin Products Liability Litigation, MDL 1348 (S.D. N.Y.).
U.S. District Judge Lewis A. Kaplan wrote in his Sept. 12 opinion that in contrast to the requirement of Rule 23(b), the number of individual questions outweighed the common questions of law since some plaintiffs claim ...