DeGidio v. Centocor Ortho Biotech, Inc.

3 F. Supp. 3d 674, 93 Fed. R. Serv. 1128, 2014 U.S. Dist. LEXIS 31258, 2014 WL 941356
CourtDistrict Court, N.D. Ohio
DecidedMarch 11, 2014
DocketCase No. 3:09CV721
StatusPublished

This text of 3 F. Supp. 3d 674 (DeGidio v. Centocor Ortho Biotech, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeGidio v. Centocor Ortho Biotech, Inc., 3 F. Supp. 3d 674, 93 Fed. R. Serv. 1128, 2014 U.S. Dist. LEXIS 31258, 2014 WL 941356 (N.D. Ohio 2014).

Opinion

ORDER

JAMES G. CARR, Senior District Judge.

In this pharmaceutical products-liability suit governed by Ohio law, plaintiff Anthony DeGidio alleges that defendant Cento-cor Ortho Biotech, Inc.1, the developer and manufacturer of the immunosuppressant drug Remicade, failed to warn that taking Remicade can cause non-infectious interstitial lung disease. Plaintiff alleges he contracted this condition, which severely impairs his ability to breathe, after taking Remicade to treat his Crohn’s disease.

Jurisdiction is proper under 28 U.S.C. § 1332(a)(1).

Now pending are Centocor’s motions under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), to exclude plaintiffs three expert witnesses, each of whom intends to opine that Remicade can and did cause plaintiffs lung injury. (Docs. 115, 116). Centocor also filed a partial motion for summary judgment, contending that, if I grant the Daubert motions, plaintiff would have no admissible evidence to prove proximate cause. (Doc. 124).

For the reasons that follow, I grant the motions to exclude plaintiffs experts and, of necessity, grant Centocor’s motion for summary judgment.

Background

Plaintiff is a fifty-nine-year-old man who has suffered from Crohn’s disease since the 1970s. In 2008, plaintiffs treating physician, Dr. Gregory Slee, opined that plaintiffs Crohn’s disease was so severe that, absent a liver transplant, plaintiffs life expectancy was less than ten years. Plaintiff represents that, due to the injuries at issue in this case, he is no longer a viable candidate for transplant surgery.

Crohn’s disease is a chronic, incurable inflammatory disease affecting the gastrointestinal tract. In Crohn’s disease, the body’s blood cells produce a substance called tumor necrosis factor alpha (TNF-a), which causes the immune system to attack healthy tissues.

Remicade is a prescription drug approved by the FDA to treat moderate and severe manifestations of Crohn’s disease. Remicade, also known by the generic name infliximab, is a biologic chimeric monoclonal antibody directed at TNF-a. It works by attaching to TNF-a molecules and blocking their attacks on the body’s healthy tissues — in effect, suppressing the body’s immune system. Because of its ability to block TNF-a molecules, medical professionals sometimes refer to Remicade as a TNF-a inhibitor or an anti-TNF-a agent.

There is widespread agreement in the medical community that Remicade, which is administered via intravenous infusions, is effective at reducing inflammation and alleviating pain associated with Crohn’s disease.

A. The Remicade Infusions

Between 1974 and 2010, plaintiff underwent three Crohn’s-related surgeries and was hospitalized roughly thirty times for [676]*676severe abdominal pain and bowel obstructions.

In April, 2005, plaintiffs condition worsened dramatically: he experienced great pain, was hospitalized, and needed a blood transfusion. Dr. Slee determined to treat plaintiff with Remicade. Plaintiff received his first infusion of Remicade on April 25, 2007; he received additional infusions on May 14, June 12, and August 8.

While he was receiving Remicade, plaintiff also took Pentasa (generic name mesa-lamine), a prescription drug used to treat ulcerative colitis. Plaintiffs medical records reflect that he took Pentasa on a daily basis from April 23, 2007, to September 28, 2007. Medical professionals agree that Pentasa is associated with interstitial lung disease.

After his second infusion of Remicade, plaintiff developed a cough and reported feeling fatigued during the previous two weeks; he later reported a burning sensation in his chest. On September 19, 2007, after plaintiff was diagnosed with bilateral pneumonia, he was admitted to Toledo Hospital.

However, plaintiffs condition only deteriorated, and his doctors transferred him, via airlift, to the University of Michigan Hospital (UMH) in late September. Plaintiff remained at UMH for several weeks, receiving treatment for pulmonary injuries and other conditions related to Crohn’s and liver disease. On his admission to UMH, however, plaintiff stopped taking Pentasa.

Doctors at UMH reviewed plaintiffs lung biopsy and determined that he was suffering from “Remicade-indueed eosino-philic pneumonitis with no clear infectious etiology.” DeGidio v. Centocor Ortho Biotech, 2010 WL 4628903, at *1 (N.D.Ohio 2010).

Plaintiff was finally discharged from UMH in December, 2007.

The parties in this case have retained numerous experts to opine on the nature and etiology of plaintiffs lung disease. Although their opinions conflict on many points, the experts generally agree that plaintiffs condition can be described as interstitial pneumonitis. An interstitial lung disease in one that affects the inters-titium, the tissue and space around the lung’s air sacs. The “pneumonitis” component refers to an inflammation generally associated with a non-infectious cause (in contrast with pneumonia, which generally — though not always — indicates an infectious cause and the collection of fluid in the lung tissue).

The experts further agree that the type of damage observed in plaintiffs lung tissue is best described as diffuse alveolar damage. This damage, which is permanent in nature, is characterized by the replacement of healthy lung tissue with excessively fibrous tissue. As one of plaintiff’s experts explained, the fibrosis in plaintiffs lungs “is the result of the interstitial pneu-monitis. It’s the chronic phase.” (Doc. 113-1 at 91).

B. Prior Proceedings

In a prior order, I denied Centocor’s first motion for summary judgment. Cen-tocor had argued that, because Remicade’s package insert warned that taking Remi-cade could cause pneumonia, there was no genuine dispute as to the adequacy of the warnings. However, I concluded that the label warned of the risk of only infectious-based pneumonia, and that plaintiff had shown a genuine dispute “on the narrow issue of whether the label on its face warned of Remicade-induced [interstitial lung disease].” DeGidio, supra, 2010 WL 4628903, at *5.

[677]*677C. Proposed Expert Testimony

To prevail on his failure-to-warn claim, plaintiff must establish that the allegedly inadequate warnings on the Remi-cade package insert proximately caused his injury. Graham v. Am. Cyanamid Co., 350 F.3d 496, 514 (6th Cir.2003).

The proximate-cause element has two components: general causation and specific causation. In re Meridia Prods. Liab. Litig., 328 F.Supp.2d 791, 798 (N.D.Ohio 2004), aff'd, 447 F.3d 861 (6th Cir.2006). General causation “addresses whether a substance is capable of causing a particular injury or condition in the general population.” Terry v. Caputo, 115 Ohio St.3d 351, 355, 875 N.E.2d 72 (2007). Specific causation “relates to whether a substance caused a particular individual’s injury.” Id.

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3 F. Supp. 3d 674, 93 Fed. R. Serv. 1128, 2014 U.S. Dist. LEXIS 31258, 2014 WL 941356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degidio-v-centocor-ortho-biotech-inc-ohnd-2014.