Goodell DeVries Wins Daubert Motion then Summary Judgment on Behalf of Bayer HealthCare Pharmaceuticals Inc. in Louisiana Federal Court

By: GDLD | 3.26.13 | Case Results

Thomas J. Cullen, Jr., Michael J. Wasicko, and Kali Enyeart Book, representing Bayer HealthCare Pharmaceuticals Inc., obtained a judgment dismissing a products liability and failure to warn case with prejudice in the United States District Court for the Western District of Louisiana.  In Rhodes v. Bayer HealthCare Pharmaceuticals Inc., et al., the plaintiffs alleged that Ms. Rhodes suffered peripheral neuropathy after ingesting the fluoroquinolone antibiotic Avelox®.  The plaintiffs proffered Professor Emeritus of Pharmacy and Medicine, Dr. Stephen Hamilton, from the University of Oklahoma Health Sciences Center as their causation and liability expert.  On behalf of Bayer, the Goodell DeVries attorneys moved to exclude the testimony of Dr. Hamilton.  After full briefing, on March 26, 2013, United States District Judge, S. Maurice Hicks, Jr., granted Bayer’s motion to exclude Dr. Hamilton’s testimony, holding that: (1) Dr. Hamilton was not qualified to give the opinions he renders; and (2) Dr. Hamilton’s opinions lacked valid and reliable scientific predicate and foundation, and were not products of reliable scientific methodologies.  The Court subsequently granted Bayer’s Motion for Summary Judgment on March 28, 2013, finding that the plaintiffs’ lack of admissible causation evidence was fatal to their claims and that their failure to warn claim was barred by the Learned Intermediary Doctrine.  Accordingly, the Court dismissed the plaintiffs’ claims with prejudice.