So, we were preparing a post for today on Sparks v. Oxy-Health, LLC, et al, Case No. 5:13-cv-649-FL, slip op. (E.D.N.C. Sept. 15, 2015) – an opinion we pulled off a national news source. But, we just learned that the opinion was filed under seal and subject to a confidentiality order. Unlike mainstream reporters, as officers of the court, we are not going to violate a confidentiality order. The order calls for the parties to propose redactions to the court by today and we anticipate the decision will be unsealed shortly after that – at which time, we’ll bring you our full analysis.
For now, all we can say is that it is a complete summary judgment win for defendants implicating several key legal concepts – such as off-label use, product misuse, failure to heed warnings, the “sham” affidavit rule, causation and foreseeability. There’s more, but we aren’t prepared to go into any greater detail at this time. Stay tuned.