United States Tenth Circuit

In a product liability claim alleging that a drug caused a brain hemorrhage, where expert medical opinions used similarity of drugs and their properties as an unreliable basis for finding of causation, the "analytical gaps" between studies and conclusions were too great; animal and case study methodologies were also unreliable.

Appellate Information

• Decided 05/10/2002
• Published 05/10/2002

Judges

• HENRY, Circuit Judge., Before EBEL and HENRY, Circuit Judges, and ROGERS, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven R. Hickman (James E. Frasier with him on the briefs), of Frasier, Frasier & Hickman, LLP, Tulsa, OK, for the Plaintiffs-Appellants.


• For Appellees:
  
• Grant J. Espisito of Mayer, Brown & Platt, New York, NY;  Joe G. Hollingsworth (Katherine R. Latimer and Kirby T. Griffiths of Spriggs & Hollingsworth, Washington, DC, for Defendant-Appellee Sandoz Pharmaceuticals Corporation;  Richard M. Eldridge and Thomas E. Steichen of Eldridge Cooper Steichen & Leach, P.L.L.C., Tulsa, OK, for Defendants-Appellees Sandoz Pharmaceuticals Corporation and Sandoz, Ltd., with them on the brief)., David A. Branscum (Glenn D. Huff with him on the brief) of Foliart, Huff, Ottaway & Bottom, Oklahoma City, OK, for the Defendant-Appellee HCA Health Services of Oklahoma, Inc.