Tag: Causation
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Court rejects the Firearms Expert Witness’ conclusions with regard to the possibility of the revolver firing without a trigger pull in product liability case
Freedom Arms manufactured the Model 83 Revolver, a single-action handgun firing a .454 Casull cartridge, designed for defense against large animals. This revolver incorporated a manual safety feature to prevent accidental discharge. The accompanying manual, available online or through various channels, contained numerous warnings against mishandling and provided explicit instructions on using the safety features.…
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Court upholds the reliance of Biomedical Engineering Expert Witness on MAUDE data but rejects his opinions on medical causation
Plaintiff Terry Jennings-Moline filed this lawsuit against Defendants DePuy Orthopaedics, Inc. and related Johnson & Johnson entities. The case stems from hip replacement surgery Jennings-Moline underwent in January 2016, when her surgeon, Dr. Douglas McInnis, implanted a Pinnacle hip implant containing an AltrX polyethene acetabular liner (AltrX liner) made by Defendants. In February 2018, McInnis…
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Court excludes unreliable pharmacology and neurology expert opinions in product liability case; grants summary judgment
In a lawsuit against Vitamin Shoppe, a man alleged its vitamin supplements containing arsenic and lead caused his peripheral neuropathy. He relied on his treating neurologist and a pharmacist to provide expert opinions on causation. The court excluded both experts, finding their methodologies failed to reliably account for the dosage of toxins consumed. Without admissible…
