We couldn’t make this stuff up, folks.Here’s the description of the basis of the lawsuit in Lacognata v. Hospira, Inc., 2012 U..
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Reckless Withdrawal
Published on 2012-07-30 15:13:00
We couldn’t make this stuff up, folks.Here’s the description of the basis of the lawsuit in Lacognata v. Hospira, Inc., 2012 U.S. Dist. Lexis 102707 (M.D. Fla. July 2, 2012):Plaintiff . . . brings this action individually and on behalf of all others similarly situated based on [defendant’s] failure to provide Plaintiff [a prescription drug]. . . . Plaintiff alleges that [defendant] is the sole supplier of [the drug]. . . . Plaintiff alleges that prior to November 2010, [defendant] was able to manufacture enough [drug] to meet market demand. But subsequently, [defendant] ceased shipping [drug] to the market. . . . Plaintiff alleges that “[b]y withdrawing access to [the drug], [defendant] through its own negligence and reckless disregard for human life and health created a global shortage which led directly to patients’ otherwise preventable injuries.”Id. at *1-2 (we’re not 100% sure the product is a “drug” but that’s what the court calls it, so we will, too).That’s right, the defendant is being sued for negligent withdrawal (there’s no mention of a recall or other adverse FDA action) of a prescription medical product from the market − not by somebody who was injured by any defect in the product, but by somebody who wanted to keep taking it.Talk about a candidate for Rule 11.Plaintiff Lacognata alleged:
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