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ARTICLE · 07 DECEMBER 2016

Trumpian Logic Fails In Recent Pharma Class Action Decision

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar.

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Full series updates can be found below.  

Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 to summarily dismiss a proposed class action prior to certification, provides some valuable lessons in the post-Hryniak era and the affirmation of the plaintiff's onus on summary judgment.

Overview

Wise was a proposed product liability class action concerning AndroGel", a topical ointment marketed for the treatment of conditions associated with testosterone deficiency. The Wises commenced a proposed class action against Abbott Laboratories, Limited, Abbott Products Inc., Abbott Products Canada Inc., and Abbvie Products LLC (collectively, "Abbott"), claiming that AndroGel" led to an increased risk of serious cardiovascular ("CV") events.

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