Drug & Device Law

JUNE 1, 2023

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.

Testimonials 59

Testimonials Trials Science Government 59

Drug & Device Law

DECEMBER 5, 2022

2022 WL 3147194 (C.D. Ultimately, the thumb that Freeman put on the scale didn’t matter, because the defendant won at trial despite that handicap. 2022), review denied (Cal. July 13, 2022). The Superior Court here “credited testimony from doctors who never implanted mesh, or who did so outside the state of California.”

Testimonials 64

Testimonials Doctors Production Trials 64

Drug & Device Law

DECEMBER 29, 2023

2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. They excluded bogus expert testimony under Fed. As a matter of science, the purported link was imaginary, as discussed at great length in one of the many excellent Zantac ( 2022+4 ) MDL opinions.

Testimonials 105

Testimonials FDA Drugs Vaccine 105

Drug & Device Law

FEBRUARY 20, 2023

That the product had been approved in “other countries” could not create a triable issue of fact because, even for other uses that the FDA eventually allowed, the necessary clinical trials had not been completed in 2010. 3d , 2022 WL 6225596 (S.D. 3d , 2022 WL 6225596 (S.D. 2022 WL 6225661, at *5 (S.D. Ethicon, Inc. ,

FDA 59

FDA FDA Approval Testimonials Vaccine 59

Drug & Device Law

MARCH 9, 2022

Texas March 2, 2022)— is a veritable mixed bag. The issue in Robinson was the admissibility of testimony by the plaintiff’s regulatory expert. When we consider the damage a regulatory expert can do, misinterpreting both company documents and FDA regulations to make the company look like Murder, Inc., Ethicon, Inc. Evidence 402?

Testimonials 64

Testimonials FDA Doctors Regulations 64

Drug & Device Law

NOVEMBER 28, 2022

Three years ago we published a lengthy post, “ Stupid Expert Tricks ,” detailing several of the other side’s egregious attempts at passing off junk science “experts” as the real thing, along with our side’s trials and tribulations during the course of unmasking these phonies. 3d , 2022 WL 16571057 (M.D.N.C. 3d 179, 181-87 (D.

Testimonials 59

Testimonials Regulations Research International 59

Drug & Device Law

MARCH 4, 2022

2022 WL 326781 (D. 3, 2022), the plaintiff alleged that he was injured when the defendants’ modular hip implant fractured seven years after it was implanted in him. Vollrath , 2022 WL 326781 at *3-4. their testimony does not present a genuine issue of medical fact.” In Vollrath v. Depuy Synthes Business Entities, et al.,

Testimonials 59

Testimonials FDA Approval FDA Regulations 59

Drug & Device Law

MARCH 28, 2022

2022 WL 614919 (S.D. The Federal Rules of Evidence do not permit an expert to render conclusions of law, because such testimony cannot properly assist the jury in understanding the evidence or determining a fact in issue. Rather, expert testimony couched as legal conclusion merely tells the jury which result to reach.

Testimonials 59

Testimonials FDA Regulations Production 59

Drug & Device Law

FEBRUARY 21, 2022

702 expert gatekeeping decisions bearing that caption, as Martinez approaches trial (scheduled for March 21, although the plaintiff has sought a continuance). 2022 WL 425206 (N.D. Thus, Pence’s proposed testimony didn’t “fit” this case: There is no logical connection between her expertise, the issues in the case, and her opinions.

Testimonials 59

Testimonials Clinical Trials Production Trials 59

Drug & Device Law

MARCH 30, 2022

March 21, 2022), is the pelvic mesh case of the week, and it involves a variety of plaintiff challenges to the defendant’s experts. There is also a more detailed and nuanced discussion of challenges to a defense regulatory expert, particularly regarding testimony about testing, than is normally the case in mesh decisions. Ethicon, Inc.

Testimonials 59

Testimonials FDA Trials Regulations 59