Kramer Levin's false advertising victory for Bracco Diagnostics Inc. was spotlighted in the BNA Medical Devices Law & Industry Report. The U.S. District Court for the District of New Jersey awarded Bracco extremely broad relief against false advertising defendant GE Healthcare, including a permanent injunction barring GE’s false claims of superior safety for its Visipaque x-ray contrast agent, an order requiring GE to issue a corrective press release and corrective advertisements and to re-train its sales and marketing personnel, together with $11.4 million in compensatory damages (one of the largest awards to date in a false advertising action). GE, which had asserted a broad counterclaim against Bracco, was awarded no legal or equitable relief.
The Kramer Levin team was led by partner Donald L. Rhoads. The team also included partner Nicholas L. Coch; associates Matthew Abbott, Henry Cittone, Geoff G. Hu and Benu Mehra.