Recent Case Results

Goodell DeVries Wins Daubert Motion then Summary Judgment on Behalf of Bayer Corporation in Connecticut Federal Court

April 2012

Thomas J. Cullen, Jr. and Renee N. Sewchand scored a significant victory for Bayer Corporation when they won a Daubert motion to exclude a general causation expert, which led to an order of summary judgment and termination of Avelox litigation in Connecticut.  In Simjian v. Bayer Corp., et al., the plaintiff alleged that she sustained multiple tendon-related injuries due to her ingestion of the fluoroquionolone antibiotic Avelox.  The Goodell DeVries attorneys successfully argued to the Honorable Robert N. Chatigny that before engaging in costly fact discovery, the plaintiff should first have to prove that Avelox can cause tendon-related injuries. The plaintiff proffered Alabama physician Dr. Donald Marks as her general causation expert.  After full briefing and a lengthy Daubert hearing, on December 6, 2011, Judge Chatigny granted Bayer’s motion to exclude Dr. Marks, on two grounds: (1) Dr. Marks was not qualified to render a general causation opinion about Avelox; and (2) Dr. Marks’s opinion lacked a valid factual predicate because there was insufficient scientific data on the record to support the opinion that Avelox can cause tendon injury.  Based on that ruling and the resultant absence of admissible causation evidence in the record, on April 10, 2012, the district court granted summary judgment to Bayer.