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AgencyIQ would note that this is a particularly busy time for the agency, as an enormous quantity of meetings are already on the books, given both the freshly re-authorized user fee programs and the to-do list the agency has from the 2023 omnibus bill. Read AgencyIQ’s monthly look-ahead calendar here. What happens to inspections?
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Moreover, not all of legal practice is open book. We’d like to ask candidates to state the amount of the national debt, list the countries bordering Ukraine, describe what product categories are the U.S’s biggest exports, explain price elasticity, etc. (In Sometimes immediate decisions need to be made. But at least he got it.
Testimony by expert witnesses. First, the Committee found it necessary to “emphasize” both the court’s role and the burden of proof. “[E]xpert testimony may not be admitted unless the proponent demonstrates to the court that it is more likely than not that the proffered testimony meets the admissibility requirements set forth in the rule.”
But this year, as bad as the bottom ten opinions we discuss below are, our sense is that they are somewhat overshadowed by even worse non-prescription medical product judicial malarkey. But even putting those goliaths aside, it’s an unpleasant enough job to chronicle the ten worst prescription medical product liability decisions of the year.
As we’ve discussed, those amendments reiterate what had always been (at least since 2000) the Rule’s requirements for analyzing the admissibility of expert witness testimony. The Committee concluded that in a fair number of cases, the courts have found expert testimony admissible even though the proponent has not satisfied the Rule[‘s]. . .
In updating chapter three of his book , on non-informational causes of action, Bexis had the opportunity to add the last several years of “alternative design” opinions. If design defect litigation involving FDA-approved products were not limited to FDA-approved designs, then what limit could there be? at 237-38. 2d 397 (6th Cir.
In the Zantac MDL, the plaintiffs’ causation problems were plainly visible on the horizon, as we mentioned in our post last year about the Zantac ruling on medical monitoring, In re Zantac (Ranitidine) Products Liability Litigation , 546 F. In re Zantac (Ranitidine) Products Liability Litigation , F. 3d 1152 (S.D. A Numbers Racket.
30, 2020), decided an action filed by the California attorney general that had essentially converted the allegations that product liability plaintiffs had been making against the defendants’ pelvic mesh into the basis for a statewide civil action under certain California consumer protection statutes. 2020 WL 603964, at *1. and actual injury.
Not too long ago we researched precedent that forbade persons claiming to be “FDA experts” from opining that products are “adulterated” or “misbranded.” In that post, we mentioned that this research is a subset of a “general” precedent “precluding expert opinions on questions of law, which we didn’t get into because Bexis’ book addressed it.
We designated the opinion In re Zimmer Nexgen Knee Implant Products Liability Litigation , 218 F. Then we described In re Zimmer, NexGen Knee Implant Products Liability Litigation , 884 F.3d Apparently, the “no warnings” issue arose because physician in Rennick put the product to an off-label use, id. 3d 700 (N.D. 3d] at 751.
March 2, 2022), the court held that the expert “cannot take the final step of opining that the product was ‘misbranded’ or ‘adulterated,’ as these are impermissible legal conclusions.” Polypropylene Hernia Mesh Products Liability Litigation , 2021 WL 3286439 (S.D. of Bexis’ book. In Robinson v. Ethicon, Inc. See Tyree v.
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