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:10/2/2017)...  AllianceRx Walgreens Prime, the combined central specialty pharmacy ... benefit manager Prime Therapeutics LLC (Prime), today officially began ... unveiling of new signage at its headquarters in ... a few other company-owned facilities across the country. This ... of whom will begin to see the AllianceRx Walgreens ...
(Date:9/28/2017)... , Sept. 28, 2017 Hill-Rom Holdings, Inc. ... earnings conference call and webcast on Friday, November 3, ... (EDT) and ending at approximately 8:30 a.m. (CDT) / ... the company,s 2017 financial performance and guidance for 2018, ... initiatives to enhance operational performance, and long-range financial outlook ...
(Date:9/27/2017)... CAESAREA, Israel and NEW YORK , Sept. ... company with mobile health and big data solutions, today announced that its ... today. Please check your local TV listings for when The Dr. Oz ... ... ninth season this month. ...
Breaking Medicine Technology:
(Date:10/13/2017)... RIDGE, N.J. (PRWEB) , ... October 13, 2017 , ... ... annual Holly Day Market. Featuring a collection of specialty vendors and unique items from ... of personalized and quality-focused health and wellness services offered by the VNA. The ...
(Date:10/13/2017)... ... ... Global Healthcare Management’s 4th Annual Kids Fun Run brought out many kids ... sponsored by Global Healthcare Management’s CEO, Jon Letko, is aimed at getting kids excited ... all ages; it is a non-competitive, non-timed event, which is all about having fun ...
(Date:10/13/2017)... ... October 13, 2017 , ... Talented ... the lowdown on sciatica in a new episode of "Success Files," which is ... events and innovation and investigates each subject in-depth with passion and integrity. , ...
(Date:10/13/2017)... ... October 13, 2017 , ... “The Journey: From the Mountains to ... to save lost souls in the Philippines. “The Journey: From the Mountains to the ... teacher of the Bible. She has taught all ages and currently teaches a class ...
(Date:10/12/2017)... ... October 12, 2017 , ... First Healthcare Compliance (FHC), ... will showcase a range of technology and learning solutions at the 68th Annual ... Expo to be held October 14–18, 2017 at the Mandalay Bay Resort in ...
Breaking Medicine News(10 mins):