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7th Circuit affirms tossing 'unreliable' testimony

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The 7th Circuit Court of Appeals has upheld a Terre Haute judge's decision in throwing out expert witness testimony relating to a product liability suit involving the prescription medication Remicade.

Judges ruled today in Mickey Ervin v. Johnson & Johnson, Inc. and Centocor, Inc., No. 06-2820, affirming a ruling by Judge John D. Tinder and ruling the court did not abuse its discretion.

The plaintiff, Ervin, had sued the companies on claims that the medication caused a blood clot that led to partial amputation of his leg. Ervin began taking the FDA-approved drug to treat his Crohn's disease. On the issue of causation, Ervin relied on his internist and critical care specialist for expert testimony, who testified that the drug was a contributing factor "to a reasonable degree of medical certainty."

Defendants moved to exclude plaintiff's expert testimony and filed a motion for summary judgment, which the court granted.

On appeal, the three-judge panel agreed and noted that the doctor had neither reliable basis for his expert opinion, such as epidemiological data supporting his opinion, nor any scientifically physiological explanation as to how Remicade would cause the clot.

"The mere existence of a temporal relationship between taking a medication and the onset of symptoms does not show a sufficient causal relationship," the court wrote.

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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