Seventh Circuit Upholds Trial Court's Decision to Award Summary Judgment to Drug Maker

CHICAGO - A trial court's decision to award summary judgment to the manufacturer of an asthma medication was affirmed by the Seventh Circuit after it decided that the testimony of the plaintiff's expert did not support the existence of a triable question of fact. Kathleen Ziliak, Plaintiff-Appellant, v. AstraZeneca, L.P., et al., Defendant-Appellees, No. 02-3446 (7th Circuit).

The March 31 appellate ruling states that the opinions expressed by Dr. Donald Marks were consistent with the warnings already provided by AstraZeneca regarding Pulmicort's association with glaucoma, cataracts and increased intraocular pressure.

Background

Plaintiff Kathleen Ziliak was prescribed Pulmicort to treat …