In re Seroquel Products Liability Litigation
United States District Court for the Middle District of Florida
244 F.R.D. 650 (2007)
- Written by Rich Walter, JD
Facts
Thousands of consumers (plaintiffs) who had taken the prescription drug Seroquel brought a federal products-liability action against Seroquel’s manufacturer, AstraZeneca (defendant). The complex litigation involved massive amounts of electronically stored information (ESI) in AstraZeneca’s possession. The court set a tight schedule for discovery and ordered both parties to cooperate in developing a discovery plan to produce ESI that the consumers would find both responsive and useable. In fact, however, AstraZeneca failed to make its ESI experts available for timely consultation with the consumers and failed to disclose its keyword search methodology. As a result, AstraZeneca was chronically late in producing ESI, the ESI was often unreadable, and AstraZeneca’s defective search techniques clearly overlooked numerous relevant files. The consumers moved for sanctions against AstraZeneca, pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure.
Rule of Law
Issue
Holding and Reasoning (Baker, J.)
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