CareToLive v. Food & Drug Admin., 09-4084

Action against the FDA demanding production of documents related to immunotherapy treatment for late stage prostate cancer

CareToLive v. Food & Drug Admin., 09-4084, concerned an action against the Food and Drug Administration (FDA), filed by an association of cancer patients, patient families, doctors, investors and advocates focuses on helping men suffering from late stage prostate cancer, demanding immediate production of responsive documents related to communication sent between its medical experts regarding an immunotherapy treatment for late stage prostate cancer.


In affirming the district court's grant of FDA's motion for summary judgment, the court held that plaintiff has not identified any material question of fact as to the adequacy of the FDA's search and the district court did not abuse its discretion by denying plaintiff leave to conduct discovery.

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• Read the Sixth Circuit's Full Decision in CareToLive v. Food & Drug Admin., 09-4084