Landmark Daubert Victory for Goldman Ismail—Federal Judge Excludes Plaintiffs’ Experts
Plaintiffs were dealt a devastating blow today in federal multidistrict litigation involving the Mirena IUD when U.S. District Court judge Cathy Seibel excluded all of plaintiffs' causation experts in their entirety and significantly limited the testimony of plaintiffs' two other experts. Judge Seibel also denied plaintiffs' challenges to the defense's causation experts. The decision represents a major victory for Goldman Ismail and its client, Bayer Healthcare Pharmaceuticals Inc., and has sweeping implications for the approximately 1200 cases in the MDL alleging uterine perforation.
The 141-page opinion is available below. The opinion is well positioned to serve as an exemplar on the application of key legal principles regarding the admissibility of expert opinions and the gate-keeping role of the judge in products liability litigation.
Shayna S. Cook serves as lead national defense counsel in the Mirena litigation. Brian P. O'Donoghue is national coordination counsel. Kenneth F. Baum, J.D., M.D. leads the national science and expert team. He is joined by Emma C. Neff, another of the firm's physician/attorneys. Allyson D. Miller assisted with the briefing.
Goldman Ismail is proud to have represented its client so effectively—from crafting the litigation strategy and science theory of the case to taking and defending critical depositions to drafting and arguing the winning motions—and to have been part of a landmark legal opinion.