Harry H. Davallou v. Glenmark Pharmaceuticals US Headquarters
Published: Feb. 12, 2021 | Result Date: Jan. 19, 2021 |Case number: 3:20-cv-00619-DMS-MDD Bench Decision – Dismissal
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Thomas J. Yoo
(Holland & Knight LLP)
Danielle M. Mayer
(Holland & Knight LLP)
Facts
Plaintiff Harry Davallou was previously diagnosed with Parkinson's Disease. Plaintiff has also been prescribed ranitidine, a medication for heatburn and ulcers. As early as November 2019, plaintiff began experiencing a general weakness from his body. While plaintiff began experiencing symptoms of increased weakness, plaintiff received a letter from CVS Pharmacy indicating that ranitidine was being recalled. Plaintiff filed a lawsuit against defendant Glenmark Pharmaceuticals, Inc., the manufacturer of ranitidine.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the progression of his Parkinson's Disease and the general increased weakness that plaintiff experienced from his body was due to the recall of ranitidine.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that plaintiff failed to adequately allege a products liability claim. First, plaintiff did not allege that the tablets of ranitidine plaintiff were taking were any different from the other ranitidine tablets defendant manufactures. Second, plaintiff also failed to allege causation for a products liability claim. Nothing in support of plaintiff's claim indicated the possibility that the recall of ranitidine aggravated plaintiff's Parkinson's disease.
Result
The district court granted defendant's motion to dismiss plaintiff's complaint.
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