STORY FROM: Drugs & Medical Devices

Utah Federal Judge Bars Causation Testimony in Bypass Device Action

SALT LAKE CITY — A Utah federal judge has excluded an expert’s testimony regarding alleged defects in a heart/lung bypass machine, holding that he is not qualified to opine that the defects caused the device to malfunction during a 2010 heart valve replacement surgery.

On Aug. 7, Judge David Nuffer of the U.S. District Court for the District of Utah further held that the expert’s opinion is not reliable because there is an “analytical gap” between the data and his opinion.

On Sept. 13, 2010, Charles Smith underwent heart valve replacement surgery at Intermountain Medical Center, during which a Terumo ...

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