ACI's 18th Annual Drug and Medical Device Litigation Conference

Hear how your industry peers are responding to Crises caused by adverse events and government investigations

  ACI's Drug and Medical Device Litigation Conference

When:  December  09 – 11, 2013 

Where:  Marriott Marquis  | New York City 

To Learn More & Register: Click Here 

Industry News 


“Differential Diagnosis” Cannot Save The Day Posted on DrugandDeviceLaw Blog by Steven Boranian

Reading the recent order in Morritt v. Stryker Corp., 1:07-cv-02319, 2013 U.S. Dist. LEXIS 136843 (E.D.N.Y. Aug 12, 2013) (Report and Recommendation adopted Sept. 23, 2013), reminds us of walking down a long corridor with numerous open doors, each leading to a jury trial on the merits of the plaintiffs’ medical device product liability claims. The case is blog-worthy because the district court closed every door, and provided along the way careful and useful discussion of the limits on treating physicians as experts, the limits on “differential diagnoses” to prove causation, and the limits on a plaintiff’s ability to amend pleadings after the defendant has moved for summary judgment. Where the plaintiffs in Morritt had dug themselves into a hole—owing we suspect to the weakness of their claims to begin with—the district court refused to throw them a lifeline, and justifiably so…. [ Read More ]