Sahel Oncology, LLC v. STA Pharmaceutical Hong King Limited
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SAHEL ONCOLOGY, LLC Case No. 23-cv-01458-BAS-DDL
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. APPLICATION FOR A
TEMPORARY RESTRAINING
STA PHARMACEUTICAL HONG ORDER (ECF No. 5)
KONG LIMITED,
15 Defendant. 16 Presently before the Court is Plaintiff Sahel Oncology’s Application for a Temporary Restraining Order (“TRO”). (TRO Appl., ECF No. 5.) Sahel asks the Court to command Defendant STA Pharmaceutical to produce an experimental cancer drug for a dying seventeen-year-old patient. (Id.) STA opposes, arguing the drug’s key ingredient is not commercially available, the drug lacks governmental approval, and the requested relief disregards the parties’ contract. (Opp’n, ECF No. 8.) The Court heard oral argument. The Court recognizes the gravity of the situation. It appears that Sahel made promises to its ailing patient that the drug would be ready for use, and STA could have managed expectations better during the…