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Keywords

contractbreach of contractplaintiffdefendantdamagesnegligencetrialmotionfiduciarycontractual obligationfiduciary dutygood faithmotion to dismiss

contractbreach of contractplaintiffdefendantdamagestrialmotioncontractual obligationmotion to dismiss

Related Cases

Suthers v. Amgen Inc., 441 F.Supp.2d 478

Facts

Robert Suthers and Niwana Martin, both suffering from Parkinson's disease, participated in a clinical trial for an experimental drug, liatermin, conducted by Amgen. After initially receiving a placebo, they began receiving the drug during an extended treatment study, which they claimed improved their condition. However, Amgen terminated the trial after receiving concerning results from primate studies, leading the plaintiffs to seek a court order to compel continued treatment.

Plaintiffs Suthers and Martin both suffer from Parkinson's Disease, a progressive neurodegenerative disorder. An individual with Parkinson's experiences a loss of dopaminergic neurons in his or her brain, which causes tremors, shaking, slow movement and muscle stiffness and rigidity.

Issue

Did Amgen have a contractual obligation or any legal duty to continue providing the experimental drug to the plaintiffs after the termination of the clinical trial?

Rule

Under New York law, a breach of contract claim requires the existence of an agreement, adequate performance by the plaintiff, breach by the defendant, and damages. Additionally, a fiduciary duty arises when one party is under a duty to act for the benefit of another.

Under New York law, a breach of contract claim requires the existence of an agreement, adequate performance by the plaintiff, breach by the defendant, and damages.

Analysis

The court analyzed the informed consent document signed by the plaintiffs, determining that it did not impose a binding obligation on Amgen to provide the drug indefinitely. The court also found that the plaintiffs' claims of breach of the implied covenant of good faith and fair dealing, fiduciary duty, and negligence were unsupported by the facts, as Amgen's right to terminate the study was clearly outlined in the consent form.

The court analyzed the informed consent document signed by the plaintiffs, determining that it did not impose a binding obligation on Amgen to provide the drug indefinitely.

Conclusion

The court granted Amgen's motion to dismiss, concluding that the plaintiffs failed to establish any viable claims against the manufacturer regarding the continuation of the drug treatment.

Who won?

Amgen prevailed in the case because the court found that it had no contractual obligation to continue supplying the drug and did not violate any legal duties owed to the plaintiffs.

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