News & Insights

Cases & Deals

May 2, 2017

K&S Team Files Amicus Brief in Support of “Clear Evidence” Preemption Affirmance by the Tenth Circuit


The Cerveny family filed suit against Aventis, claiming that its medication Clomid – a fertility drug which Mrs. Cerveny took prior to, but not during, her pregnancy – caused their son to be born with a birth defect.  A K&S team led by Andy Bayman and Jeff Bucholtz filed an amicus curiae brief supporting Aventis’s position on appeal to the Tenth Circuit Court of Appeals following the district court’s grant of summary judgment for Aventis.  The Tenth Circuit affirmed on the central issue, finding “clear evidence” that FDA would not have approved the plaintiffs’ desired warning.