United States Eleventh Circuit

In an action claiming that plaintiff's use of defendant's prescription drug Seroquel caused her to develop diabetes, summary judgment for defendant is affirmed where: 1) the district court did not abuse its discretion by finding that plaintiff's expert's differential diagnosis was unreliable under Daubert because she failed to adequately consider possible alternative causes of plaintiff's weight gain and diabetes; and 2) plaintiff identified no evidence of specific causation other than the expert's testimony.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

• PER CURIAM:, Before DUBINA, Chief Judge, and BIRCH and BLACK, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kenneth Camp Bailey, Fletcher V. Trammell, Robert W. Cowan, Bailey Perrin Bailey, LLP, Houston, TX, for Guinn.


• For Appellees:
  
• Jane Fugate Thorpe, Alston & Bird, LLP, Atlanta, GA, Steven B. Weisburd, Dechert, LLP, Austin, TX, Chris S. Coutroulis, Sylvia H. Walbolt, Carlton, Fields, P.A., Tampa, FL, David Venderbush, Dechert, LLP, New York City, for Defendants-Appellees.