Monday, November 21, 2005

Plaintiffs Suing Pfizer for Alleged Harmful Side Effects of Mirapex Denied Class Certification

The plaintiffs suing Pfizer for alleged harmful side effects of the drug Mirapex have been denied class certification by a California federal court in Sweet v. Pfizer, --- F.Supp.2d ----, 2005 WL 3074602 (C.D. Cal. November 15, 2005). In the case, the plaintiffs alleged that the drug, which is prescribed to control the symptoms of Parkinson's Disease, resulted in obsessive compulsive disorder side effects, a side effect Pfizer did not communicate to the FDA. The court concluded that although commonality and numerosity were satsified, typicality, adequacy of representation, predominance, and superiority were all not satisfied here. Incidentally, both predominance and superiority were found lacking based on reasons related to choice of law.

The opinion provides a good discussion and review of each of these class action requirements.


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