STORY FROM: Drugs & Medical Devices

Attorney’s Inaction in Yasmin Case Warranted Dismissal, 7th Cir. Rules

CHICAGO — A federal appeals court has upheld dismissal of a Yasmin action, ruling that failure of the plaintiffs’ counsel to take any action in the case for nearly two years, including ignoring a legitimate discovery request, proved fatal to the case.

On Jan. 13, the 7th Circuit U.S. Court of Appeals held that the lawyers’ inaction did not constitute “excusable neglect,” noting that “an attorney inattentiveness to litigation is not excusable, no matter what the resulting consequences the attorney’s somnolent behavior may have on a litigant.”

Jennifer Dzik suffered a venous thromboembolism (VTE), allegedly as a result of taking ...

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