Judge Refuses to Impose Discovery Sanctions on Plaintiffs in Horse Antibiotic Case




PITTSBURGH — A Pennsylvania federal judge has refused for now to impose discovery sanctions on plaintiffs in a lawsuit accusing Zoetis Inc. of failing to warn that its equine antibiotic Excede can cause severe reactions in horses, which led to the death of a racehorse.

In a Sept. 4 order, Judge Robert J. Colville of the U.S. District Court for the Western District of Pennsylvania said that while sanctions are not appropriate at this time, he will reconsider should plaintiffs offer any testimony or documents not identified during discovery at the time of trial.

Plaintiffs owned a 3-year-old racehorse, …






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