Genzyme Drug Shortage Plaintiffs See Sympathetic First Circuit

Biotechnology-giant Sanofi SA subsidiary, Genzyme Corp., likely will face a lawsuit from a group of patients with a rare genetic disorder, after the justices of the First Circuit on Tuesday signaled openness to patients’ arguments.

A group of Fabry disease patients who lack the enzymes to break down fats allege that they experienced harm, including allergic reactions or an acceleration of their disease, from Genzyme’s decision to ration its drug during a shortage. The same court dismissed a related lawsuit in 2016 due to lack of standing.

“How is that not injury in fact?” Justice William Kayatta asked the lawyer ...