Davidson v. Wyeth, Inc., No. 11-1815 (8th Cir. 2012)
Annotate this CasePlaintiffs developed breast cancer after taking Prempro, a drug manufactured by Defendant. Plaintiffs filed separate lawsuits against Wyeth, alleging that the use of Prempro increased the risk of breast cancer and that Wyeth failed to adequately warn of the drug's adverse effects. On behalf of Plaintiffs, Dr. Donald Austin opined that short-term Prempro use increased breast cancer risk. The magistrate judge concluded that Dr. Austin's opinion was not sufficiently reliable under Daubert and granted Wyeth's motion to preclude the expert testimony. The court then granted Wyeth's motion for summary judgment and dismissed the two cases. The Eighth Circuit Court of Appeals reversed, holding that the magistrate judge abused his discretion in precluding Dr. Austin's expert testimony, as the opinion was admissible. Remanded.
Court Description: Civil case - Products liability. In action alleging plaintiffs developed breast cancer as a result of taking Prempro, a hormone therapy drug manufactured by defendant, the district court erred in granting defendant's motion to preclude plaintiffs' expert's testimony regarding the relation between short-term use of the drug and the risk of cancer; the testimony was admissible because the studies the expert relied on were sufficient to support his opinion that short-term use of the drug increases the risk of breast cancer; grant of defendant's motion for summary judgment reversed and case remanded for further proceedings. Judge Loken, dissenting.
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