NEW YORK — Bayer HealthCare recently spoke to a New York federal judge reportedly saying that due to almost all plaintiff experts being barred from testifying, the cases against Bayer HealthCare are unprovable, as reported by Law360.
If true, this would resolve all current cases in Bayers favor.
While plaintiffs have argued that IUD’s, even if properly inserted by a doctor, can puncture the uterine wall or migrate around the body, Bayer maintains that it cannot be proved that the injuries didn’t occur during insertion.
A U.S. District Judge barred most of the plaintiffs’ expert witnesses due to qualification or reliability issues. Bayer claims that with every jurisdiction of the Multidistrict Litigation requiring expert testimony, no cases whose witnesses have been barred can proceed.
The company went on to say, “It is entirely illogical that plaintiffs could prove complex medical causation through a lawyer’s assemblage of documents when experts in the field that the court otherwise deemed qualified could not establish a reliable causation methodology.”
While four plaintiff experts were barred entirely with only two remaining to testify on certain subjects, Bayer’s seven clinical experts were deemed eligible to testify unrestricted.
Multiple plaintiffs whose cases have been stripped of their experts are being pressured to dismiss their cases. However, even with increased pressure from Bayer to drop cases, plaintiffs are continuing attempts to take their cases to trial.
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