The American Society of Anesthesiologists (ASA) is pleased that the lawsuit against ASA, the editor of Anesthesiology – the official peer-reviewed journal of the ASA – and 11 contributing authors from Pacira Biosciences Inc., was dismissed by the United States District Court for the District of New Jersey.
U.S. District Judge Madeline Cox Arleo granted a defense motion to dismiss Pacira’s claims against ASA and related parties arising from articles about its post-surgery painkiller EXPAREL in the February 2021 issue of Anesthesiology, a related podcast and other materials. Arleo concluded that the statements were scientific opinions which, by their nature, cannot constitute defamation.
“This dismissal is a significant victory for the ASA and the publication of scientific thought,” said ASA President Randall M. Clark, MD, FASA. “ASA supports the work of the esteemed physicians named in this lawsuit and their research on EXPAREL that has been published in our peer-reviewed scientific journal. This Federal Court decision clarifies that pharmaceutical companies are not free to bully the process. science by filing lawsuits. This is a historic victory for science.
Without a claim that the authors of the scientific papers “falsified the data” underlying their conclusions, “a plaintiff cannot sustain a claim of commercial libel by alleging that a methodological flaw led to a scientifically ‘incorrect’ answer. “, Judge Arleo said in her opinion.
“In other words, a scientific conclusion based on non-fraudulent data in an academic publication is not a ‘fact’ that can be proven untrue through litigation,” Judge Arleo said, adding that the opposite “would chill a robust and open debate about drug efficacy within the medical community.”
ASA and the Defendants are represented by Michael B. Carlinsky, F. Dominic Cerrito, Kaitlin P. Sheehan and Robert M. Schwartz of Quinn Emanuel Urquhart & Sullivan LLP and Kevin H. Marino and John A. Boyle of Marino Tortorella & Boyle PC . ASA’s General Counsel, Jeremy Lewin, facilitated ASA’s defense in this case.
ABOUT THE AMERICAN SOCIETY OF ANESTHESIOLOGISTS
Founded in 1905, the American Society of Anesthesiologists (ASA) is a teaching, research, and scientific society with more than 55,000 members organized to raise and maintain the standards of the medical practice of anesthesiology. The ASA is committed to ensuring that physician anesthesiologists assess and supervise patients’ medical care before, during, and after surgery to provide the highest quality and safest care that every patient deserves.
For more information about the field of anesthesiology, visit the American Society of Anesthesiologists online at asahq.org. To learn more about the role physician anesthesiologists play in ensuring patient safety, visit asahq.org/madeforthismoment. Like ASA on Facebook and follow ASALifeline on Twitter.
Warning: AAAS and EurekAlert! are not responsible for the accuracy of press releases posted on EurekAlert! by contributing institutions or for the use of any information through the EurekAlert system.