United States First Circuit
Bartlett v. Mutual Pharmaceutical Co., Inc., 10-2277
In a design defect suit against a drug manufacturer, the jury's award in favor of the plaintiff is affirmed against arguments that: 1) the district court misunderstood New Hampshire law on design defect claims; 2) such claims as to generic drugs are preempted under federal law; that causation was not proved; 3) the plaintiff's expert evidence was inadmissible on multiple grounds; 4) instructions as to label warnings were inaccurate; 5) misconduct by the plaintiff's counsel required a new trial; and 6) damages were excessive and required a new trial.
Appellate Information
- Decided 05/02/2012
- Published 05/02/2012
Judges
- Boudin
Court
- United States First Circuit
Counsel
- For Appellant:
- Joseph P. Thomas, Keith M. Jensen