We can’t say much about this, as Herrmann is on vacation and Bexis is involved in the Seroquel litigation. The MDL judge today ruled on the defendant’s motion to exclude various “non-causation” opinions/testimony by the plaintiff’s experts. Here is a brief summary of what Judge Conway excluded:
- “[N]arrative history” of the defendant’s “marketing and labeling practices.” Slip op. at 7.
- “[S]tate of mind, intent, motives, or ethics of [defendant] or any of its employees.” Slip op. at 8.
- “[F]oreign labeling regulations or foreign regulatory actions concerning [the drug].” Slip op. at 8.
- “[T]hat [defendant] defrauded the FDA in connection with [the drug’s] NDA.” Slip op. at 10-11.
- “[W]hether the format or contents of the NDA comply with FDA regulations.” Slip op. at 11.
- “[W]hether physicians generally read and comprehend drug labels, or whether doctors generally understand the contents of the [drug’s] label.” Slip op. at 13.
- “[T]esti[mony] that, in general and without regard to any particular patient, [the drug] is unsafe or the drug’s risks outweigh its benefits.” Slip op. at 15.