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Remember Riegel ( 2008+1 )? Rather than examine the actual bases of those opinions, as Rule 702(b) required, Crockett waved the testimony through with the single observation that the expert claimed to have “conducted a “detailed review of the literature.” He heckled Holley here. CooperSurgical, Inc. 2023 WL 6216933 (S.D.
All of them had very stale claims – with that injury occurring before 2008, which was seven years before the critical 2015 label change that added “reports of permanent hair loss” to the drug’s label. Plaintiff Adams’ “sworn testimony and plaintiff fact sheet” established that she blew the statute of limitations by some eight years.
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.
Plaintiff also argued that the trial court should have allowed her to offer expert causation testimony from the explanting physician, thus raising an issue of material fact to defeat summary judgment. Southern Source Packaging, LLC , 568 F. 2d 624, 631 (E.D.N.C.
Lederle Laboratories , 2008 WL 972657 (W. March 19, 2008) (“It is very difficult to see what else these defendants could have done” when one claimed alternative “was never licensed by the FDA” and the other “was not approved by the FDA until” nearly a decade after plaintiff’s vaccination). 1992) (plaintiff failed “to establish. . .
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.
The trial court granted summary judgment based on evidence that the implanting surgeon “would have used the clips in the surgery even if he had received such a warning” and thus plaintiff “could not prove the cause element of his claims.” 2008); Herzog v. Wyeth Pharmaceuticals , 471 F. 2d 739, 747 (E.D. 3d 203 (5th Cir.
702 expert gatekeeping decisions bearing that caption, as Martinez approaches trial (scheduled for March 21, although the plaintiff has sought a continuance). Id. “None” of her “publications has any connection to “conducting clinical trials for medical devices or post marketing surveillance for medical products.” pelvic mesh case.
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