Summer can be a good time to catch up on tv shows we missed the first time around (e.g., Dead to Me, Luther series 5, and Catch-22). It can also be a good time to catch up on cases we somehow failed to flag when they came out earlier in the year. We won’t beat
Daubert
Clean Sweep of Plaintiffs’ Causation Experts in Gadolinium Litigation

Today we bring you a terrific Daubert defense win. But, we’ll be honest it’s long. Really long. Thorough, but long. So, we’re going to hit the highlights.
The case is Davis v. McKesson Corp., 2019 WL 3532179 (D. Ariz. Aug. 2, 2019). It is a multi-plaintiff case against manufacturers and distributors of gadolinium-based contrast…
Passive “Gatekeeping” in Biomet Hip Implant Daubert Decision

A couple of years ago, we were overjoyed to learn that our very favorite old-fashioned Broadway musical was being revived. The lead role – a famously brassy female character – was being played by a famously brassy singer and sometime-actress we believed was perfectly cast. We bought tickets the day they went on sale, and…
Seventh Circuit Rejects Novel Causation Theory

Having three experts couldn’t save plaintiff’s claims in Robinson v. Davol Inc., 2019 WL 275555 (7th Cir. Jan. 22, 2019). Plaintiffs’ decedent underwent surgery involving a surgical mesh patch and approximately one year later, she developed an abdominal wall abscess that led to various infections that ultimately led to her death. Id. at *2. …
More from the Mirena IIH Daubert Decision

A couple of weeks ago, we reported on the terrific Daubert decision in the Mirena IIH MDL in the Southern District of New York, In re Mirena IUS Levonorgestrel-Related Prods. Liab. Litig., 2018 WL 5276431 (S.D.N.Y. Oct. 24, 2018), in which the court granted the defendants’ motions to dismiss all seven of the plaintiffs’…
Hoosier Daddy, Pt. 4: Plaintiff Who Refused IME Cannot Use Absence of IME to Attack Defense Expert

This will be the third consecutive week for us to discuss a favorable expert ruling out of the Cook Medical IVC filter litigation in the Southern District of Indiana. By this point, we really do expect some sort of remuneration from the Indiana Chamber of Commerce – maybe tickets for the surprisingly impressive Colts, or…
Hoosier Daddy, Pt. 2: S.D. Indiana Smacks Down Plaintiff Daubert Challenge

A couple of years ago we penned a paean to Indiana and its cultural and legal triumphs. Now that another chunk of our family has decided to relocate to that happy state, our thoughts returned to Indiana’s many virtues. Sure, there’s the Indy 500, the fabulous covered bridges of Parke County, the Benjamin Harrison home,…
Final Curtain for Plaintiffs’ Experts in the Mirena IIH MDL

Fourth Circuit Affirms The End Of MDL For Lack Of Competent Causation Evidence

It has been said, with maybe a bit of sarcasm, that a company developing a drug hopes that its drug will become successful enough to attract frivolous lawsuits. OK, so maybe only outside lawyers have offered such an aphorism, but bear with us. Imagine that a drug is developed to treat a really common condition,…
Guest Post – Tee to Green: Abilify MDL Daubert Opinion Allows Plaintiffs’ General Causation Evidence.
Today we have a guest post from Reed Smith associate Curtis Waldo. It describes a farce of a Daubert decision where a plaintiff’s expert opinion was allowed to proceed even though the court conceded the evidence was inconclusive. We don’t like that, and neither does Curt. As always our guest posters are responsible for…