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The class period is between 1999 and 2010. 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. at *3 (footnote omitted). We searched PATDC82 II for the word “generic” – it does not appear. at *13 (citation omitted).
That could be because the local courts have taken a different approach than the MDLs did, because it is hard to prove a design defect when your experts criticize every device in the class, or because the prescribing doctors in later cases were aware of the risks. His testimony on the prolapse mesh was not much stronger. Donaldson v.
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 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.
First, plaintiffs complained about allegedly undisclosed opinion testimony offered by a defense expert. Despite this, plaintiffs complained of prejudice because more than a day passed between the testimony and telling the jury to disregard it. We will trust you to fill in the blanks.
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