Friday, January 21, 2011

Prempro Short Term Use Daubert Decision - Favorable

Here's an important decision that we can't say much about because we're involved up to our eyeballs in this litigation.  The MDL magistrate judge in the HT litigation has granted a Daubert motion excluding plaintiffs' expert testimony that short term use (less than three years) causes ductal breast cancer.  This will affect a lot of cases.  Here is a the opinion:  In re Prempro Products Liability Litigation, MDL No. 1507, slip op. (W.D. Ark. Jan. 18, 2011).

We'd like to say more, but we simply can't.


David said...
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David said...

'Favorable' is a bit of an understatement, doncha think? Erudit, well-reasoned, careful and bitch-slap are other adjectives that come to mind.

Here's my favorite quote: "Dr. Austin’s testimony on these points leads the Court to find his opinions were hastily formed in an attempt to overcome overwhelmingly reliable evidence to the contrary....the Court concludes that this criticism developed over the course of hours is not only inconsistent, but illogical."

Sounds like Dr. Austin might proffer an 'opinion' for anyone that will pay him.

Jade said...

I also like "according to Dr. Austin, his short-term use report was written in about five hours at the behest and assistance of Plaintiffs’ counsel."

All drug clinical studies can be vulnerable in some fashion, but to find that vulnerability in 5 hours? I shudder to think what would have happened had the ruling gone the other way.