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Among the barrage of drug ads for cancer, diabetes, weight loss and more are those for Lume , a “doctor-developed whole body deodorant.” ” The Patent Trail Rather than relying on social media, company websites, and testimonials, I consulted the Patent and Trademark database to reconstruct the story of invention.
at *6 (plaintiff “has documents and formularies reaching back to only 2009”). This time-tested type of evidence is mostly absent from the analysis in PATDC82 II – as in Neurontin , the only actual prescriber testimony belied plaintiffs’ position. First, the class plaintiff got away with destruction of evidence.
For instance, plaintiffs in the vast majority of cases know that they will need evidence from a prescribing physician, testimony or affidavit for summary judgment and testimony for trial. It focused squarely on the doctor. The second was the decision below. Corder , 473 F.Supp.3d Corder , 473 F.Supp.3d 3d 736 at 743.
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. 2009), reversed a plaintiff’s verdict for entry of judgment n.o.v. Medrano , 28 S.W.3d
The law presumes that licensed doctors know what they are doing. The prescriber’s] testimony, however, does not establish that he would have altered his prescribing conduct. Given this testimony, the plaintiffs could not “show that stronger manufacturer warnings would have altered the physician’s prescribing conduct.”
at 287 (citing transcript of expert’s testimony). [A]t A]t first blush, [the expert’s] testimony. No other witness offered testimony on these unidentified standards. An excellent example is the Sherman case, which involved junk science causation testimony in what we call a “toxic soup” chemical exposure case.
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