Litigation Update: Taxotere Defense Verdict

After a two-week trial in New Orleans, the jury in the first Taxotere bellwether trial delivered a defense verdict. There are approximately 11,000 claims in the multi-district litigation against manufacturer Sanofi Aventis and other defendants alleging the chemotherapy drug Taxotere (docetaxel) caused permanent alopecia.

Barbara Earnest, who was diagnosed with breast cancer in 2011, underwent chemotherapy that included Taxotere. Like many chemotherapy patients, she lost her hair, but unlike most patients, her hair did not grow back. Taxotere has been linked to reports of hair loss that continues long after treatments are over; however, other effective breast cancer treatments do not have this same risk of this permanent side effect.

Mrs. Earnest was represented by Darin Schanker of Bachus & Schanker in Denver and Rand Nolen of Fleming Nolen Jez in Houston. The trial team included Karen Barth Menzies of Gibbs Law Group in Los Angeles, California, and Christopher Coffin of Pendley, Baudin & Coffin in New Orleans, who are co-lead counsel in the multidistrict litigation, and David Miceli of Miceli Law in Carrollton, Georgia

Commenting on the trial, Ms. Menzies stated, “We are certainly disappointed with the verdict. However, the trial was littered with evidentiary violations by the defense from opening statement on.  These were highly prejudicial, so much so that the Court had to give the jury curative instructions on three separate occasions, and we were compelled to move for a mistrial before closing arguments. Mrs. Earnest intends to seek appropriate post-trial relief.”

The litigation has been especially contentious, with Sanofi seeking to delay the trial and filing multiple motions related to possible outside funding.

READ  Stuart Smyth’s agrichemical industry ties and funding

The second bellwether trial is scheduled for March of next year, with the third bellwether to follow in August 2020.

Click on this link for information on Verus’ Case Management and Medical Review Services. To contact us, fill out this form or email us at and we will reply immediately.


V.P. of Mass Torts Services, General Counsel

Deb is a lawyer with over 25 years of legal and business experience. As the leader of mass tort services at Verus, she oversees the support services provided to law firms involved in mass tort litigation, specifically in the areas of case management, claimant contact and medical record review. More

Spread the love

Author: Edward Lott

Edward Lott, Ph.D., M.B.A. is President and Managing Partner of Allentown-based ForLawFirmsOnly Marketing, Inc., a client acquisition company that offers attorneys signed client cases.Ed has been a digital entrepreneur since 1994, having discovered very early the opportunities the Internet offered. After having spent over two decades helping small business owners, Ed joined the staff of ForLawFirmsOnly Marketing as President and Managing Partner, where he is expanding the agency's cutting-edge services.A true marketing futurist, Ed's vast experience working directly with attorneys has given him a unique perspective on law firm marketing not found in many other digital marketing agencies. Ed has reshaped the offerings of ForLawFirmsOnly to focus on growing law firms through a holistic approach to digital marketing evident in the reformulated lead generation processes now in place. He is taking that same holistic approach for small businesses, helping them grow their bottom line.Want to learn more about ForLawFirmsOnly Marketing, our client acquistion services or lead generation programs, or just talk to Ed about his visions for helping your business grow? Call him at 855-943-8736.

Copyright ©2021 Medical Injury Help, ForLawFirmsOnly Marketing, Inc. All Rights Reserved