Elidel, Protopic Defendants May Have Contact with Plaintiff's Physicians

LEXINGTON, Ky. - Counsel defending allegations that their clients' Protopic and Elidel skin creams caused a Kentucky man's cancer may have ex parte contacts with the plaintiff's doctors provided they're willing to talk, a federal magistrate judge has ruled. Weiss v. Astellas Pharma US Inc., et al., No. 05-527 (E.D. Ky.).

Judge James B. Todd of the U.S. District Court for the Eastern District of Kentucky ruled July 23 that ex parte discussions regarding Philip C. Weiss's medical condition would not violate Kentucky law, which does not recognize the physician-patient privilege, especially where the patient has placed his medical condition …