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11th Circuit Affirms Summary Judgment in Genetech Lawsuit

The 11th Circuit affirmed summary judgment in a lawsuit where the plaintiff claimed he went blind from the use of Genetech’s macular degeneration drug.

Plaintiff acted as his own lawyer in this case. His argument was “C’mon, look at the temporal relationship here” instead of bringing an expert who could testify – as Georgia law requires – that the drug at issue, Lucentis, caused his vision loss.

Putting together a drug injury case that can get past summary judgment is difficult. Most practicing attorneys in the country could not do it, much less a pro se plaintiff. This is true, even if the facts are on your side.

There is some evidence to suggest that this drug ranibizumab/Lucentis increases the patient’s chance of suffering a stroke. I have not seen science that talks about the drug causing blindness. Although that can be the consequence of a stroke, it does not sound like that is what the plaintiff alleges in this case.