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A duty to mine big data

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2013

We had another jury trial and thus were offline for a few weeks but it didn't take long to dig up something I hope you'll find of interest. I ran

Drawing the line on what is 'scientific knowledge'

Vorys Sater Seymour and Pease LLP
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USA
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October 12 2012

Consider the following undisputed findings about a hypothetical substance and a hypothetical disease published in a wide variety of respected, peer-reviewed scientific journals

Untested hypotheses: only as strong as the expert witness

Vorys Sater Seymour and Pease LLP
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USA
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August 21 2012

Kuhn v. Wyeth Inc. one of the many hormone replacement therapy (HRT)-induced breast cancer claims unleashed after one arm of the U.S. Women's Health Initiative (WHI) revealed that the risks of HRT outweighed any benefits is another case in which a court has concluded that a reasonable though untested hypothesis is good enough for Daubert purposes

Gods of the analytical gaps

Vorys Sater Seymour and Pease LLP
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USA
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August 8 2012

Kuhn v. Wyeth, one of the many hormone replacement therapy (HRT) - induced breast cancer claims unleashed after one arm of the WHI revealed that the risks of HRT outweighed any benefits, is another case in which a court has concluded that a reasonable though untested hypothesis is good enough for Daubert purposes

The can-can: How a Texas plaintiff found a way to causation

Vorys Sater Seymour and Pease LLP
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USA
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June 5 2012

Out of various bits of data and a dollop of professional judgment the plaintiff's expert in a Texas medical malpractice case created a causal narrative that has survived on appeal

Kid! Be careful! Broken glass!

Vorys Sater Seymour and Pease LLP
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USA
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May 18 2012

Bartlett v. Mutual, a Stevens-JohnsonToxic Epidermal Necrolysis (SJSTEN) generic drug case that produced a $21 million judgment upheld on appeal, gave us writer's block

There's something about Nevada

Vorys Sater Seymour and Pease LLP
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USA
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February 22 2012

After getting hammered in quick succession for $500 million, $162 million and $90 million worth of punitive damages in three cases involving a total of just five plaintiffs, Teva settled its Nevada hepatitis C (HCV) Propofol claims

Plaintiff avoids preemption and Twombly in parallel

Vorys Sater Seymour and Pease LLP
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USA
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February 8 2012

The Fifth Circuit has held in Bass v. Stryker that plaintiff's claim against the manufacturer of an allegedly defective hip replacement device is not preempted by the Medical Device Amendments of 1976 to the FDCA, and that his complaint satisfies Twombly

Merck v. Garza : now we're really confused

Vorys Sater Seymour and Pease LLP
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USA
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September 28 2011

September 28, 2011- On Aug. 26, 2011, the Texas Supreme Court decided Merck v. Garza one of the last Vioxx cases to be tried and a case that resulted in a $32 million verdict reduced to a $7.75 million judgment