Samantha Federman v. Qualitest Pharmaceuticals and Endo Pharmaceuticals Holdings Inc.
Published: May 11, 2013 | Result Date: Nov. 6, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC471059 Bench Decision – Class Certification Denied
Court
L.A. Superior Central
Attorneys
Plaintiff
Douglas D. Winter
(McNicholas & McNicholas LLP)
Bradley I. Kramer
(Law Offices of Bradley I. Kramer M.D., Esq.)
Defendant
Robert C. Barnes
(Norton Rose Fulbright US LLP)
Pamela J. Yates
(Arnold & Porter )
Facts
Samantha Federman filed a purported class action against Qualitest Pharmaceuticals and Endo Pharmaceuticals Holding Inc. involving the packaging of oral contraceptives that were the subject of a voluntary retail-level recall. Federman claimed that she, and similarly situated women who used the defendants' defectively packaged products, wrongfully paid for a product that failed to provide the desired and represented benefits as a result of the defendants' negligence through the packaging error and that they did not receive notice of the defective packaging.
Result
Judge Wiley declined class certification because plaintiff failed to present any evidence demonstrating that she, or anyone else, was dispensed a defective package of oral contraceptives.
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