Facts

Plaintiff Laura Fujisawa served as the lead plaintiff on behalf of at least 41 similar situated claimants, as well as an indeterminate number of potential future claimants. Defendant National Medical Services (NMS) is a premier medical and testing laboratory in for clinical and forensic toxicology, headquartered in Philadelphia, PA.

In approximately 2002, NMS laboratories began offering a body fluid panel for use in random drug testing screening programs, specifically including a test for Ethyl Glucuronide (EtG). The EtG test was used widespread in drug and alcohol monitoring programs, including those that served licensed medical professionals. Hundreds of health care workers, who entered recovery programs for drugs and alcohol addiction between 2004 and 2008, included EtG urine testing administered by Compass Vision Inc. through NMS laboratories as part of their programs.

Plaintiff Fujisawa was a pharmacist licensed in California. She was fired from the pharmacy where she worked after stealing sedatives. Fujisawa voluntarily enrolled in a rehabilitation program in an effort to keep her pharmacy license and to be able to work as a pharmacist again. As part of her participation in that program, she was required to submit to random drug screening, and in 2006 and 2007, returned several positive tests for EtG, indicating exposure to alcohol.

Fujisawa filed suit against Compass and NMS, alleging the EtG test was unreliable, and that marketing and promoted the use of the EtG test to show drinking caused loss of her professional license.

PLAINTIFF'S CONTENTIONS:
Fujisawa alleged negligent marketing and promotion of a faulty test. Fujisawa contended that the EtG test was extremely sensitive, picking up incidental exposures of alcohol, such as soy sauce, in blood samples.

DEFENDANTS' CONTENTIONS:
Compass and NMS contended that it did not market or promote the test, rather, simply offered it, and that it was reliable. Compass and NMS alleged that the test's sensitivity could potentially lead to positive results only through excessive, off-label use of products, and that her program termination was not based solely on positive EtG results, but on other adverse information as well.

Settlement Discussions

Demand: $15 million pre-trial, renewed during jury deliberation.

Damages

Fujisawa sought $2 million in past and future wage loss and emotional distress.

Result

The jury rendered a verdict for the defense. Following the verdict, 39 of the remaining 40 plaintiffs nationwide have dismissed their cases, and no new cases have been filed. EtG testing continues to be used in many substance abuse and recovery programs nationwide.

Deliberation

one day

Poll

8-0

Length

three weeks