'Contradictory' Depositions Create Issue of Fact in Clozaril Case

NEW ORLEANS - In light of a prescribing doctor's "contradictory" depositions, a Louisiana appeals court has reversed a trial court ruling that the learned intermediary doctrine bars Clozaril injury claims brought against Novartis Pharmaceuticals Corp. Ezeb v. Novartis Pharmaceuticals Corp., No. 09-0821 (La. App., 4th Cir.).

On May 19, the Louisiana Court of Appeal, 4th Circuit, ruled that the 1993 and 2006 depositions of Dr. Patrick Dowling create an issue of fact as to whether the doctor would have prescribed the antipsychotic drug had the warning been different.

The appellate court vacated its original March 31 opinion in which …