Expert Testimony Needed To Prove Causation

Print Print

The Seventh Circuit recently upheld the grant of summary judgment against a plaintiff asserting products liability claims against the manufacturer of an intrauterine device (IUD). See Dalton v. Teva N. Am., No. 17-1990, 2018 WL 2470634 (7th Cir. June 4, 2018). Because the plaintiff failed to produce expert testimony regarding causation, as required under the Indiana Products Liability Act (the Act), she could not prove an essential element of her claims.  And the defendants—corporate affiliates who manufactured, marketed, and distributed the IUD—were entitled to summary judgment.

In 2007, Cheryl Dalton’s doctor implanted a ParaGard IUD in her uterus. After becoming dissatisfied with the IUD in 2013, she had her doctor remove it. The removal procedure, however, failed. A piece had broken off and became lodged in her uterus. Ms. Dalton’s doctor advised her that she would need a hysterectomy to remove the remaining portion of the IUD.

Ms. Dalton

Read the full article →

New Jersey Federal Court Highlights Continued Hurdles To Consumer Class Actions

As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts interpret class certification requirements. For defense attorneys, it is especially helpful to understand the nuanced arguments that have been successful in defeating class certification and, in particular, to develop a strong factual recordRead the full article →