Genentech Seeks Preemption Summary Judgment In Herceptin Vial MDL
(August 25, 2016, 1:12 PM EDT) -- TULSA, Okla. — Genentech Inc. on Aug. 23 moved for summary judgment in the Herceptin vial multidistrict litigation, arguing that plaintiff claims that vials were underfilled are preempted by federal law (In Re: Genentech, Inc., Herceptin [Trastuzumab] Marketing and Sales Practices Litigation, MDL Docket No. 2700, No.16-md-2700, N.D. Okla.).
(Motion and brief available. Document #28-160901-009B.)
Fifteen plaintiffs, all health care facilities, sued Genentech, alleging that it underfilled vials, causing the plaintiffs to pay full price for less drug than the 440 milligrams that the label indicates....