Kaye Scholer Wins Two More PPA Cases For Novartis CA Victories Follow …

Kaye Scholer Wins Two More PPA Cases For Novartis
CA Victories Follow Last Week’s Jury Verdict in Favor of Novartis in NJ

Los Angeles, CA and New York, NY, Jan 23, 2004 – Following last Friday’s unanimous jury verdict in the first PPA (phenylpropanolamine) case tried in the country, yesterday Kaye Scholer LLP successfully defended two more claims that PPA contained in cold medicines made by Switzerland-based Novartis Consumer Health, Inc.’s caused hemorrhagic strokes. The two cases were consolidated for trial before the same jury with Judge Anthony J. Mohr of the Los Angeles Superior Court presiding. (In re PPA litigations, JCCP 4166: Linda Lutz v. Bayer Corp. and Pearl O\’Neill v Novartis AG). Just last Friday, a New Jersey jury handed Novartis a similar victory in the nation’s first PPA trial.

“Our client, Novartis, is gratified that two different juries from opposite ends of the country have confirmed the company’s consistent view that PPA was a safe and effective product when used as directed,” said Randy Sherman of Kaye Scholer, national coordinating counsel for Novartis.

The case was tried by Jan Dodd and Aton Arbisser, both partners in Kaye Scholer’s Los Angeles office. The plaintiffs were represented by Mark Robinson of Robinson Calcagnie and Robinson and Ramon Lopez of Lopez Hodes.

The jury found that Novartis made safe products with adequate warnings. The jury also confirmed the integrity of Novartis by rejecting the claims that the company concealed any material facts from the plaintiffs, regarding the use of this ingredient in its cold medicines. Ms. Dodd and Mr. Arbisser had to overcome the fact that the FDA had asked Novartis and other manufacturers to withdraw PPA-containing products based on a study by Yale University doctors published in the prestigious New England Journal of Medicine.

Kaye Scholer LLP is an international law firm representing public and private companies, governmental entities, financial institutions and other organizations in matters around the world. The firm has a nationwide products liability practice, with members working out of our New York, Los Angeles, and Washington, D.C. offices. Since 1987, Kaye Scholer has been national coordinating counsel in some of the largest and most complex mass tort/product liability litigations in the United States.

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