United States Eighth Circuit

In a failure-to-warn case involving the prescription drug Baycol, a cholesterol-reducing medication, summary judgment for defendant is affirmed where: 1) an expert relied upon by plaintiff to prove causation had inadequate factual evidence on which to base his opinion; and 2) plaintiff received what he bargained for and therefore could not demonstrate that defendant was unjustly enriched as a result of plaintiff purchasing Baycol.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, HANSEN and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Wendy R. Fleishman, argued, (Annika K. Martin, New York, NY, Heather A. Foster, Elizabeth J. Cabraser, San Francisco, CA, on the brief), for Appellant.


• For Appellees:
  
• Philip S. Beck, argued, (Adam Hoeflich, Susan A. Weber, Catherine Valerio Barrad, Chicago, IL, Peter W. Sipkins, Minneapolis, MN, Fred T. Magaziner, Michael Thomas Manuel, Philadelphia, PA, on the brief), for Appellees.