California Court of Appeal

In plaintiff's appeal of a coordinated litigation brought by parties harmed by the prescription drug Actos manufactured by defendant and used to treat type 2 diabetes mellitus, the jury verdict finding defendant liable on causes of action for strict liability failure to warn, negligent failure to warn, and loss of consortium, is reversed where: 1) the trial court erred in striking the expert's testimony and exceeded the proper boundaries of its gatekeeping function in determining the admissibility of the complex scientific testimony; and 2) the evidence supported giving a jury instruction on multiple causation.

Appellate Information

• Decided 08/13/2015
• Published 08/13/2015

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel