Class Action Claims Arising from Drug Shortage Untimely, 1st Cir. Rules

BOSTON — Certain class action claims alleging injuries caused by Genzyme Corp.’s alleged mishandling of a drug shortage between 2009 and 2012 are time barred because they were not revived by a tolling agreement between the parties, the 1st Circuit U.S. Court of Appeals has ruled.

In a Feb. 16 opinion, the appellate panel explained that because the claims expired long before the tolling agreement was signed, they do not survive Genzyme's statute-of-limitations defense.

From 2003 until 2009, Genzyme steadily provided Fabrazyme, which is used to treat Fabry disease — a disorder that causes buildup of a certain fat substance …