Abbott Laboratories Inc. and its lawyers at Kirkland & Ellis and Haynes and Boone have pared down a whistleblower lawsuit alleging the company misbranded its biliary stents for more than a decade. The development is a blow to salesmen-turned-plaintiffs lawyer Kevin Colquitt, who sued Abbott when he was a law student and then, Kirkland says, shopped the case to law firms in order to land a job.
In a summary order issued on Sept. 30, U.S. District Judge Barbara Lynn in Dallas ruled that Colquitt can only sue Abbott over its promotional activities from February 2004 to June 2006, when he worked for Abbott or its Guidant Corp. subsidiary. Colquitt’s firm, Standly Hamilton, hoped to allege a pattern of misbranding between 2000 to the present, greatly increasing the potential recovery in the case.
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