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Case Notes
MA Superior Court Upholds Claims for Negligent and Fraudulent Misrepresentations
In Gentile v. Biogen Idec, Inc., 2014 Mass. Super. LEXIS 11 (Feb. 14, 2014), a patient who suffered from multiple sclerosis was prescribed an immunosuppressant drug manufactured by the defendants. While still on the medication, the patient died of progressive multifocal leukoencephalopathy (PML), a brain disease thought to be caused by immunosuppressant drugs such as the one she was taking. The administrator of the decedent's estate sued in Massachusetts Superior Court, alleging, among other things, that the drug was defectively designed, and that the defendants fraudulently concealed material facts about the drug's risks and negligently misrepresented the extent of those risks in the drug's labeling, consent forms and advertising. Before either defendant had been served, the out-of-state defendant removed the case to the United States District Court for the District of Massachusetts, but it remanded after concluding that 28 U.S.C. ' 1441(b) does not permit removal of a suit that properly joins a defendant citizen of the forum state until at least one defendant has been served.
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