STORY FROM: Drugs & Medical Devices
Minn. Federal Judge Denies Plaintiffs’ Motion for New Trial in Bair Hugger Case
October 31, 2018
MINNEAPOLIS — A Minnesota federal judge has denied plaintiffs a new trial in a bellwether Bair Hugger warming device case, ruling that the court did not err in excluding evidence of defendants’ knowledge of risk-utility because their mental state is not an element of a strict liability design defect claim.
In an Oct. 27 order, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota further held the court did not improperly allow defendants’ expert witnesses to offer certain opinions or exhibits, finding that the plaintiffs were either made aware of the submissions or were not ...
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