Post by pavel on Feb 9, 2016 0:08:36 GMT -6
Tennessee Oncology is suing biotechnology firm Genentech, alleging false representation in the packaging of a cancer drug.
The Nashville-based company claims the label and instructions for Herceptin, which is sold as a dehydrated and freeze-dried powder, misrepresent the amount of product in what is ultimately a breach of implied warranty and results in unjust enrichment for Genentech, in a lawsuit filed Friday in U.S. District Court for the Middle District of Tennessee,
Herceptin is approved by the U.S. Food and Drug Administration to treat metastatic breast and gastric cancer and tumors with the HER2 gene. Genentech, a Roche Group company in South San Francisco, sells the drug in packaging that when mixing the powder with a liquid does not produce the expected amount and concentration, according to the filing.
Tennessee Oncology, represented by Bass Berry & Sims, writes that it can't obtain 20.952 mL of fluid solution — the amount "represented by Genentech's own warranties" — by following the approved preparation instructions. The provider group can't get more than 20.2 mL of fluid solution.
Read more: www.tennessean.com/story/money/industries/health-care/2016/02/08/tennessee-oncology-sues-genentech-over-cancer-drug/80016170/
The Nashville-based company claims the label and instructions for Herceptin, which is sold as a dehydrated and freeze-dried powder, misrepresent the amount of product in what is ultimately a breach of implied warranty and results in unjust enrichment for Genentech, in a lawsuit filed Friday in U.S. District Court for the Middle District of Tennessee,
Herceptin is approved by the U.S. Food and Drug Administration to treat metastatic breast and gastric cancer and tumors with the HER2 gene. Genentech, a Roche Group company in South San Francisco, sells the drug in packaging that when mixing the powder with a liquid does not produce the expected amount and concentration, according to the filing.
Tennessee Oncology, represented by Bass Berry & Sims, writes that it can't obtain 20.952 mL of fluid solution — the amount "represented by Genentech's own warranties" — by following the approved preparation instructions. The provider group can't get more than 20.2 mL of fluid solution.
Read more: www.tennessean.com/story/money/industries/health-care/2016/02/08/tennessee-oncology-sues-genentech-over-cancer-drug/80016170/