Jill Okun comments on class action lawsuits surrounding over-the-counter decongestants
Recently, an FDA advisory panel agreed that phenylephrine, a decongestant ingredient used in over-the-counter medicines, is ineffective. Jill Okun, a class action litigator in Porter Wright's Cleveland office, was interviewed by the Florida Business Review in the story, "Attorneys file flurry of cases following FDA advisory panel finding on decongestants." (link may require subscription - see PDF download)
From the Florida Business Review:
"Jill Okun, a partner at Porter Wright in Ohio who specializes in class actions and is not involved in the matter, said there could still be a claim without a recall but there would be several challenges, including that many customers are repeat customers, who may have believed that the product was effective in prior usages.
"'This is a race to the courthouse,' Okun said. 'The FDA opinion came out two days ago. Who knows what's going to come out of this, but plaintiff lawyers like to be the first one and if it turns out to be something big like an MDL, they could become lead counsel.'"