Hunt v. McNeil Consumer Healthcare

297 F.R.D. 268, 2014 WL 323970, 2014 U.S. Dist. LEXIS 14263
CourtDistrict Court, E.D. Louisiana
DecidedJanuary 17, 2014
DocketCivil Action No. 11-457
StatusPublished
Cited by9 cases

This text of 297 F.R.D. 268 (Hunt v. McNeil Consumer Healthcare) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. McNeil Consumer Healthcare, 297 F.R.D. 268, 2014 WL 323970, 2014 U.S. Dist. LEXIS 14263 (E.D. La. 2014).

Opinion

ORDER AND REASONS

JANE TRICHE MILAZZO, District Judge.

Before the Court are two Motions filed by Defendants: (1) Motion for Partial Summary Judgment (R. Doc. 242), and (2) Motion in Limine to Exclude Dr. Arthur Sanford (R. Doc. 290). For the following reasons, the Motion for Partial Summary Judgment is GRANTED IN PART. Plaintiffs design defect claim shall remain pending, but only insofar as it alleges dexibuprofen as a safer alternative to Children’s Motrin. The Motion in Limine is also GRANTED IN PART. [271]*271Dr. Sanford may not opine as to general or specific causation. His testimony shall be limited to assessing Plaintiffs injuries and discussing potential courses of treatment.

BACKGROUND

This a pharmaceutical products liability action. Plaintiff Keisha Hunt suffered personal injury after ingesting Children’s Motrin— a drug manufactured by Defendants McNeil Consumer Healthcare and Johnson & Johnson. Plaintiff alleges Children Motrin caused her to contract a rare skin disease known as Stevens-Johnson Syndrome and/or Toxic Epidermal Necrolysis (“SJS/TEN”). Plaintiff subsequently filed suit under the Louisiana Products Liability Act (“LPLA”), La.Rev.Stat. § 9:2800.54 et seq., alleging Children’s Motrin is defectively designed and contains inadequate warnings of potential health problems. The instant Motions followed.

LEGAL STANDARD

I. Summary Judgment — Fed. R. Civ. P. 56

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c) (2012). A genuine issue of fact exists only “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In determining whether the movant is entitled to summary judgment, the Court views facts in the light most favorable to the non-movant and draws all reasonable inferences in his favor. Coleman v. Hous. Indep. Sch. Dist., 113 F.3d 528 (5th Cir.1997). “If the moving party meets the initial burden of showing that there is no genuine issue of material fact, the burden shifts to the non-moving party to produce evidence or designate specific facts showing the existence of a genuine issue for trial.” Engstrom v. First Nat’l Bank of Eagle Lake, 47 F.3d 1459, 1462 (5th Cir.1995). Summary judgment is appropriate if the non-movant “fails to make a showing sufficient to establish the existence of an element essential to that party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “In response to a properly supported motion for summary judgment, the nonmovant must identify specific evidence in the record and articulate the manner in which that evidence supports that party’s claim, and such evidence must be sufficient to sustain a finding in favor of the nonmovant on all issues as to which the nonmovant would bear the burden of proof at trial.” Johnson v. Deep E. Tex. Reg. Narcotics Trafficking Task Force, 379 F.3d 293, 301 (5th Cir.2004) (internal citations omitted). “We do not ... in the absence of any proof, assume that the nonmoving party could or would prove the necessary facts.” Badon v. RJR Nabisco, Inc., 224 F.3d 382, 394 (5th Cir.2000) (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994)). Additionally, “[t]he mere argued existence of a factual dispute will not defeat an otherwise properly supported motion.” Boudreaux v. Banctec, Inc., 366 F.Supp.2d 425, 430 (E.D.La.2005).

II. Admissibility of Expert Testimony— Fed. R. Evid. 702

The admissibility of expert testimony is governed by Federal Rule of Evidence 702, which provides as follows:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the ease.

Fed.R.Evid. 702. The current version of Rule 702 reflects the Supreme Court’s deci[272]*272sions in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999).

The threshold inquiry is whether the expert possesses the requisite qualifications to render opinion on a particular subject matter. Wagoner v. Exxon Mobil Corp., 813 F.Supp.2d 771, 799 (E.D.La.2011); see also Wilson v. Woods, 163 F.3d 935, 937 (5th Cir.1999) (“A district court should refuse to allow an expert witness to testify if it finds that the witness is not qualified to testify in a particular field or on a given subject.”). Having defined the permissible scope of the expert’s testimony, a court next inquires whether the opinions are reliable and relevant. See United States v. Valencia, 600 F.3d 389, 424 (5th Cir.2010).

In undertaking this tripartite analysis, courts must give proper deference to the traditional adversary system and the role of the jury within that system. See Daubert, 509 U.S. at 596, 113 S.Ct. 2786. “Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
297 F.R.D. 268, 2014 WL 323970, 2014 U.S. Dist. LEXIS 14263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-mcneil-consumer-healthcare-laed-2014.