Partner Lee Rosebush and Associate Marc Wagner served as co-counsel with Quinn Emmanual in medical compounding firm SCA Pharmaceutical’s bet-the-company litigation against the U.S. Food and Drug Administration that began in November 2024 when SCA accused the FDA of trying to shut down its facility in Windsor, Connecticut, by coercing SCA into recalling $36.5 million in products. They also filed an amended complaint that added a First Amendment retaliation claim to the suit and alleged the FDA created a “Catch-22” situation where either of two options would ruin compounder. In addition, the FDA encouraged state regulators to investigate SCA to “punish” the company for its lawsuit.
On March 6, 2025, SCA and the FDA advised the District of Connecticut that they would be settling the pharmacy’s case via mediation and resolve the Administrative Procedure Act, due process and retaliation claims. Rosebush and Wagner received confirmation from the FDA and DOJ that they are closing out SCA’s inspections and not taking any further action against the company.
Read a related Law360 article.
