A pharmaceutical manufacturer faced allegations that the labeling for its oral acne medication failed to adequately warn of the purported increased risk of suicide in patients with histories of depression. The manufacturer was intent on defending the case in hopes of discouraging similar lawsuits.
Our litigation strategy focused on getting the doctor to concede that the label was more than adequate, thereby cutting off any liability under the learned intermediary doctrine. We also worked to discredit the plaintiffs' experts and prove that the decedent's decision to commit suicide was caused by factors unrelated to his use of the acne medicine. The case was settled for less than nuisance value.