Ezeb v. Sandoz Pharmaceuticals

hi fully acknowledge the burden placed upon the plaintiff to establish a prima facie case against the defendant. However, a thorough review of the record in this matter demonstrates that Dr. Thomas Brown’s testimony and affidavit concerning the ambiguity of Novartis’ warning as it relates to NMS are sufficient to establish a contested genuine issue of material fact to be decided by the factfinder at trial. See Hutchinson v. Knights of Columbus, Council No. 5747, 03-1533 (La.2004), 866 So.2d 228. Even though Dr. Brown’s testimony regarding the warning on Clozaril cannot be used at trial due to…