STORY FROM: MDL Mass Tort & Class Action Monitor

Zofran MDL Judge Excludes Portions of Plaintiffs’ Expert Report as Untimely

BOSTON — The judge overseeing the federal Zofran birth defect multidistrict litigation docket has excluded as untimely portions of a supplemental report by one of plaintiffs’ causation experts, explaining that it does not address new scientific studies or new data, or correct an error.

In an Oct. 23 order, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts found those portions of the supplemental report “simply bolster” an earlier supplemental report, “addressing the same matters, but in greater detail.”

However, the judge refused to strike that portion of the supplemental report that ...

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