Biotech Values

[DewDiligence]

If the patient had a severe reaction to Lumigan, they clearly would have had the EXACT same reaction to Latisse as it is the EXACT same chemical entity, and was applied in the EXACT same manner as stated within the label.

It would be up to your lawyer to prove this assertion to the jury’s satisfaction, and this might not be as simple as you think.

For starters, the Lumigan prescription would not include the Latisse applicator, and this would give the plaintiff’s attorney an opening to argue that the nonstandard applicator your patient used with Lumigan contributed to the SAE. This is a civil case, and hence the jury would not have to find you guilty beyond a reasonable doubt to award damages to the plaintiff.