Network Sued by Matria Healthcare

by Cindy Pearson

In a surprising turn of events, the Network has been sued by Matria Healthcare. Matria's suit charges the Network with interfering with business relations and conspiring to commit deceptive trade practices. The lawsuit is in reaction to the Network's Citizen Petition asking the PDA to stop Matria from continuing to distribute the terbutaline pump, and related publicity. (See NN Sept/Oct 1996) The suit, which was filed in Georgia, asks that the Network pay damages and be ordered not to make false and misleading statements about the terbutaline pump.

The terbutaline pump is distributed by Matria for long-term use home use by pregnant women at risk of premature delivery. The technology has not been approved by the FDA for this use, and has not been shown to be effective in controlled trials. This is not the first time the FDA has investigated Matria. When it was formerly known as Tokos Medical Corporation, the FDA instructed the company to stop promoting unapproved uses of infusion pumps and terbutaline.

The Network is being defended by the American Civil Liberties Union (ACLU) of Georgia and cooperating attorney Leslie Bryan of Doffremyre, Shields, Canfield, Knowles and Devine. The ACLU asserts that Matria is attempting to use the legal system to silence the Network. Lawsuits used to chill free speech rights of critics are commonly referred to as SLAPP suits (strategic litigation against public participation). "Petitioning the FDA was absolutely consistent with the work of the Network in advocating for women's health," said Leslie Bryan in a press release issued in conjunction with the Network's request that the case be dismissed. The Network's attorneys hope that the case can be swiftly dismissed under the authority of Georgia anti-SLAPP legislation passed in 1995. A ruling is expected by early summer.

If you live near Atlanta and would be like to receive notices of upcoming hearings, or other events related to the lawsuit, please contact the Network office.