8th Cir. Upholds Dismissal of Fluoroquinolone Case for Failure to Meet Deadlines

MINNESOTA — A federal appellate panel has upheld dismissal of fluoroquinolone nerve damage case, ruling that the plaintiffs’ continued failure to comply with a pretrial order was blatant and “provided ample support” for the lower court’s decision.

In a Sept. 27 opinion, the 8th Circuit U.S. Court of Appeals panel explained that while the plaintiffs’ failure to comply with deadlines may not have been willful, their continued insistence that they had no duty to retain and make available certain experts warranted dismissal.

Barbara Chauvin was prescribed Bayer’s fluoroquinolone-containing antibiotics Cipro and Avelox and used them as directed. In addition, during …