Friday, November 30, 2012

Eighth Circuit -- John Schedin v. Ortho-McNeil-Janssen

Jury could have reasonably found that a package insert was sufficient to warn physician AKA learned intermediary.

Post-hoc report fairly admitted, as it established possibility of contemporaneous knowledge.

 Sufficient proof of causation, given MD's contacts with reps and literature.

JMOL shoudl have been granted on punitive damages, given speculative nature of claim.

Concur/Dissent: Sufficient possibility of punitive damages scenario.

John Schedin  v.  Ortho-McNeil-Janssen
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.