Federal Judge Denies Plaintiffs' Motion to Preserve Evidence in Advil Case

DALLAS - A motion to preserve evidence filed by the parents of a child allegedly injured after ingesting Children's Advil was denied by a federal judge who ruled that the 'possibility' that some evidence may unintentionally or intentionally be destroyed does not warrant such an injunction. Lasandra Madden and Levell Madden, Individually and on Behalf of Labrea Williams, a minor child v. Wyeth, Inc., et al., No. 03-CV-0167 (N.D. Texas, Dallas Div.).

In an order entered on April 16, U.S. Magistrate Judge Jeff Kaplan found that in the Fifth Circuit plaintiffs must demonstrate a 'substantial threat of irreparable harm' in …