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New York Court of Appeals Holds that Plaintiff Did Not Prove Causation in Talc/Asbestos Mesothelioma Case

Drug & Device Law

The trial court denied the motion. On appeal, the intermediate appellate court affirmed, holding that “[the geologist’s] testimony about the amount of asbestos released. 2d 1114 (2006). The defendant moved for JNOV, arguing that the verdict “was not supported by legally sufficient evidence as to causation.” Mobil Oil Corp.,

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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

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. caused anything. 3d 87, 95 (Tex.