Download Emily Larose Discusses Drug Class Actions with the Law Times

Date: May 25, 2016
Emily Larose Discusses Drug Class Actions with the Law Times
Publish: 05/13/2015
Emily Larose has been quoted in a Law Times article by Julius Melnitzer titled "Drug Class Actions Continue
to Proliferate (But Prospects for Certification Diminished in Light of B.C. Case)".
Writes Julius: "In 2014, plaintiffs' lawyers initiated at least 15 class proceedings alleging a failure to warn of the
risks associated with prescription drugs. ... The courts haven't certified any of these actions. The prospects of
that occurring, however, have diminished somewhat in light of the British Columbia Court of Appeal's decision
in Charlton v. Abbott Laboratories Ltd. earlier this year. ... The B.C. court of pointed to a 2012 decision,
MacMillan v. Abbott Laboratories, in which the Quebec Superior Court had denied certification in a similar
action in the context of that province's Civil Code of Procedure."
Says Emily: "Even though the number of pharma actions filed indicates that these types of decision have not
been a major discouragement for plaintiffs, it does seem that courts are applying higher standards in claims
against pharma manufacturers.... They're doing so by scrutinizing plaintiffs' litigation plans more closely,
affirming that bold statements and bullet points are not enough, and insisting that someone has to think out
what is needed to prove causation on a class-wide basis."