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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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