The pelvic mesh remand hits just keep coming. We like Shostrom v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 55748 (D. Colorado March 28, 2022), because it hammers some ubiquitous plaintiff mesh experts and because it finds a way to depart from an awful MDL ruling. The fact that the opinion comes at the expense

In a recent post, we discussed a decision that, among other things, excluded an FDA expert’s “opinion” that the defendant’s medical device was “adulterated” and/or “misbranded.”  In Robinson v. Ethicon, Inc., 2022 WL 614919 (S.D. Tex. March 2, 2022), the court held that the expert “cannot take the final step of opining that

One of the things we didn’t mention in our prior post about the excellent Sardis v. Overhead Door Corp., 10 F.4th 268 (4th Cir. 2021), Rule 702 decision, was that one of the inadmissible experts had relied on “search[ing] it on Google” as the basis for some of his junk opinions.  Id. at 287

If the concept behind Multidistrict Litigations is centralized, efficient management of common issues in large numbers of lawsuits, with remand of trial-ready cases, then MDLs are less than successful on those grounds, and certainly not successful enough to justify the asymmetric discovery and bad rulings (or nonrulings) that come as part and parcel of the

It more or less came out of nowhere, but we’re now watching what’s going on in the Martinez v. Coloplast Corp., No. 2:18-CV-220-JTM-JEM (N.D. Ind.), pelvic mesh case.  Recently, we’ve come across a number of interesting, and generally favorable, Fed. R. Civ. P. 702 expert gatekeeping decisions bearing that caption, as Martinez approaches trial

If the pelvic mesh litigation ever ends, the tongue of history will tell a tale of specious plaintiff theories that hoodwinked judges and juries into condemning good products. Plaintiffs extracted millions of dollars and erased product lines by cobbling together irrelevant workplace material handling sheets, counterfactual stories in which the FDA does not exist, and

In In re: Onglyza and Kombiglyze XR Products Liability Litigation, MDL 2809, 2022 WL 43244 (E.D. Ken. Jan. 5, 2022), the MDL judge bifurcated discovery into two phases with general causation proceeding first.  At the close of expert discovery, plaintiffs move to exclude three defense experts and defendants moved to dismiss one plaintiff expert.