This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. Testimonials are not necessarily representative of all of those who will use our products. A survey of the opinions of obesity experts on the causes and treatment of obesity.
The court exercised its “gatekeeping” function under Rule 702 to assess whether the methodology underlying Plaintiff’s proffered expert testimony was “scientifically valid” and whether it could “be [properly] applied to the facts in issue.” at *3 (internal quotation marks and citations omitted). at *8-10. at *14 (citation omitted).
341 (2001). Yet what the plaintiffs were claiming is that, despite Actos’ undisputed effectiveness as a diabetes treatment, no TPP in the country would have purchased it for that purpose because of the 3/10,000 bladder cancer increased risk. Plaintiffs Legal Committee , 531 U.S. You can see where this is going. PATDC82 I , 943 F.3d
We think that they can, and for a state (like Pennsylvania and a number of others) that still follows the “ Frye ” standard looking to the “general acceptance” of expert testimony as the touchstone to admissibility, a Rule 702 state-law equivalent might look something like this: Rule 702. E.g. , Walsh v. BASF Corp. , 3d 446, 461 (Pa.
151, 163-68 (2001)) (lengthy discussion of FDA regulatory process omitted). 7, 2022), which addressed the same question in the context of the admissibility of expert testimony. Another recent and thorough treatment of this subject is found in Robinson v. His testimony is thus irrelevant and inadmissible. Ethicon, Inc. ,
2001), aff’d sub nom. The court found that there was no question of fact for the jury because the testimony “[did] not establish that if that warning had been provided, [the doctor] would not have prescribed [the product] or would have told Mr. Motus something other than what he did say. Pfizer, Inc ,196 F. 2d 984 (C.D. Pfizer Inc.
Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. Confident learned intermediaries stand by their medical decisions. Medrano , 28 S.W.3d
The prescriber’s] testimony, however, does not establish that he would have altered his prescribing conduct. That oncologists prescribing lifesaving standard-of-care treatment in the face of “aggressive cancer” are not impressed by a risk of – permanent hair loss – is not surprising. at *3 (emphasis original). 2d 806, 817 (5th Cir.
We organize all of the trending information in your field so you don't have to. Join 15,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content