Va. Federal Judge Dismisses Dexilant Suit for Lack of Causation

RICHMOND, Va. — A Virginia federal judge has dismissed a Dexilant injury case for lack of causation, ruling the plaintiff may not present expert testimony because she failed to name an expert witness by the court’s deadline.

On Aug. 8, Judge John A. Gibney Jr. of the U.S. District Court for the Eastern District of Virginia further ruled that the plaintiff’s negligent design and manufacturing claims fail because she did not articulate the factual basis for these claims. He further held that the “failure to test” claim cannot survive because Virginia law does not recognize this claim.

Monica Ball was …