Generic Taxotere MDL Defendants Say Abstract Not ‘Newly Acquired Evidence’

NEW ORLEANS — Generic manufacturer defendants in the Taxotere permanent hair loss MDL told a Louisiana federal judge that they did not have “newly acquired evidence” warranting a label change under the FDA’s Changes Being Effected process; therefore, plaintiffs’ failure-to-warn claims are preempted.

In briefs filed on Oct. 21 before Judge Jane T. Milazzo of the U.S. District Court for the Eastern District of Louisiana, Hospira and Accord Healthcare Inc. argue that a study known as the “Bertrand Abstract” is not “newly acquired information” because it does not provide reliable evidence of “risks of a different type or greater severity …