STORY FROM: Drugs & Medical Devices

7th Cir. Upholds Award of Summary Judgment to C.R. Bard in Hernia Patch Case

CHICAGO — A federal district court properly awarded C.R. Bard and Davol Inc. summary judgment in a hernia mesh case because the causation theory presented by the plaintiffs’ expert was not sufficiently reliable, the 7th Circuit U.S. Court of Appeals has ruled.

In a Jan. 22 opinion, the appellate court said the expert’s “novel theory of causation” was not peer reviewed, professionally presented, consistent with the plaintiff’s medical records or autopsy, or substantiated by other cases. As such, the District Court did not abuse its discretion in excluding the expert testimony and awarding defendants summary judgment, the appellate court concluded.

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