Navigation Links
Federal Judge Rejects GlaxoSmithKline's Claims of Privilege
Date:12/10/2009

PHILADELPHIA, Dec. 10 /PRNewswire/ -- In a decision of importance to the case at hand and all cases involving claims of attorney-client or work product privilege, the Honorable Cynthia M. Rufe of the United States District Court for the Eastern District of Pennsylvania, in a decision of December 7, 2009, has ruled that GlaxoSmithKline (GSK), the manufacturer of the prescription diabetes medication Avandia, must produce dozens of documents that it withheld on claims of privilege.

The lawsuit alleges that GSK failed to warn consumers about the risks of Avandia, including that of heart attacks. The case has been assigned by the Panel on Multidistrict Litigation to Judge Rufe.

Judge Rufe's ruling comes on an appeal by GSK of a ruling by Special Discovery Master Jerome J. Shestack, Esquire.

Judge Rufe's opinion first outlines several overarching principles on the attorney-client privilege under Pennsylvania law and the federal work product doctrine, and then addresses the particular documents in question.

Her opinion notes, for example, that the "attorney-client privilege does not shield documents merely because they were transferred or routed through an attorney," and that "documents prepared by a corporation as part of efforts to ensure compliance with federal regulatory agencies or maintain a positive public image for its products, and not because of possible litigation, are not protected by [the] work-product doctrine."

Importantly, Judge Rufe rejects one of GSK's principal arguments: its interpretation of the "primary purpose" requirement of the attorney- client privilege. Pennsylvania law provides that in order to come within that privilege, the primary purpose of a document must be to secure or give legal advice. The documents in question included ones sent to a group of persons, only one (or more) of whom was an attorney. GSK argued that in determining whether the "primary purpose" requirement was met for those documents, the inquiry should be only to the purpose of sending the document to the attorney(s), rather than the primary purpose of the document as a whole. Judge Rufe finds that this interpretation has "no support" in cases applying Pennsylvania law, including the lead case on which GSK relied, Ford Motor Co. v. Kelly, 110 F.3d 954 (3d Cir. 1997), and that this interpretation is "inconsistent with the requirement that privileges must be narrowly construed."

Joseph F. Roda of RodaNast, P.C., Lancaster, PA, briefed and argued the motions on behalf of the plaintiffs. He was assisted by Jennifer S. Snyder, also of RodaNast, P.C. Lead Counsel for the plaintiffs are Vance Andrus of Andrus Boudreaux, PLC, Denver, CO; Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, Pensacola, FL; and W. Mark Lanier of The Lanier Law Firm, PLLC, Houston, TX.

SOURCE RodaNast, P.C.


'/>"/>
SOURCE RodaNast, P.C.
Copyright©2009 PR Newswire.
All rights reserved

Related medicine technology :

1. Federal Funding Awarded to Test Antimicrobial Properties of Copper Metals
2. Enrollment of Women in Cardiovascular Trials Fails to Meet Current Federal Mandates
3. State, Federal Officials Remind Health Care Workers, Other at-Risk Individuals to Get Annual Flu Shot
4. New Federal Stem Cell Rules Would Hinder Existing Research, Consumer Group Warns
5. Mars, Incorporated Commits Over $2 Million to Federal Agency for Human-Animal Interaction Research
6. Southern Research to Play Key Role in the Federal Governments Search for New Cancer Therapies
7. Childrens Hospital Receives Six-Year Federal Contract to Study Antibiotic Use in Children With Urinary Tract Infections
8. Faced With Federal Prosecution, MountainView Agrees to Stop Harassment of RNs in Settlement With Labor Board
9. Malaria Experts Call on Federal Government to Increase Support for Research and Development
10. U.S. Patent Office Rejects Key HIV/AIDS Drug Patents at PUBPAT Request: Government Finds Prior Art Submitted By PUBPAT Invalidates All of Gilead Sciences Claims
11. New Data Show High Frequency of Medical Claims for Gastrointestinal Events by Patients on Antiplatelet Therapy
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/23/2016)... Roche (SIX: RO, ROG; OTCQX: RHHBY) announced that it ... (procalcitonin) assay as a dedicated testing solution for people ... Roche is the first IVD company in the U.S ... assessment and management. PCT is a sepsis-specific ... blood can aid clinicians in assessing the risk of ...
(Date:6/23/2016)... 23, 2016 Capricor Therapeutics, ... a biotechnology company focused on the discovery, development ... patient enrollment in its ongoing randomized HOPE-Duchenne clinical ... 50% of its 24-patient target. Capricor expects the ... quarter of 2016, and to report top line ...
(Date:6/23/2016)... , June 23, 2016 Bracket , ... launch its next generation clinical outcomes platform, Bracket eCOA (SM) ... held on June 26 – 30, 2016 in ... first electronic Clinical Outcome Assessment product of its kind to ... #715. Bracket eCOA 6.0 is a flexible platform ...
Breaking Medicine Technology:
(Date:6/26/2016)... ... 2016 , ... Brent Kasmer, a legally blind and certified personal trainer is helping to develop ... The fitness app plans to fix the two major problems leading the fitness industry today:, ... all type program , They don’t eliminate all the reasons people quit their ...
(Date:6/25/2016)... Viejo, California (PRWEB) , ... June 25, 2016 , ... ... to fit their specific project," said Christina Austin - CEO of Pixel Film Studios. ... fully customizable and all within Final Cut Pro X . Simply select a ...
(Date:6/25/2016)... ... June 25, 2016 , ... Conventional wisdom preaches the benefits ... terms of the latter, setting the bar too high can result in disappointment, perhaps ... slow progress toward their goal. , Research from PsychTests.com reveals that ...
(Date:6/24/2016)... ... 24, 2016 , ... The Pulmonary Hypertension Association (PHA) learned ... receive two significant new grants to support its work to advance research and ... by recognizing patients, medical professionals and scientists for their work in fighting pulmonary ...
(Date:6/24/2016)... ... June 24, 2016 , ... People across the U.S. are sharpening ... Talker Award, an essay contest in which patients and their families pay tribute to ... at the 2016 National Society of Genetic Counselors (NSGC) Annual Education Conference (AEC) this ...
Breaking Medicine News(10 mins):