Legal Opinion

Kuhn v. Wyeth, Inc.

District Court, W.D. Arkansas

Decided January 19, 2011No. MDL Docket Nos. 4:03CV1507-WRW, 6:04CV06042PublishedCited by 1 opinion

1Opinion of the Court

ORDER

JOE J. VOLPE, United States Magistrate Judge.

Pending is Defendants’ Motion to Preclude Any Expert Testimony that Prempro Use Increases Breast Cancer Risk When Taken for Only Three Years or Less (Doc. Nos. 36, 38, 40). Plaintiffs have responded 1 and Defendants have replied.2 Hearings were held on Monday, November 29, 2010, and Wednesday, January 12, 2011. Plaintiffs’ expert, Donald F. Austin, M.D., and Defendants’ expert, Kurt T. Barnhart, M.D., M.S.C.E., both testified during the January 12, 2011 hearing.

I. BACKGROUND

The issue before the Court is whether Dr. Austin, an epidemiologist…

2Cases cited11 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Bourjaily v. United StatesSupreme Court of the United States · 1987
  3. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  4. Carol Marmo v. Tyson Fresh MeatsCourt of Appeals for the Eighth Circuit · 2006
  5. Johnny C. McClain v. Metabolife International, IncCourt of Appeals for the Eleventh Circuit · 2005

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3Cited by1 opinion

  1. In Re Prempro Products Liability LitigationDistrict Court, W.D. Arkansas · 2011

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