8th Circ. Upholds Tossing Of Baycol Expert Testimony

Law360, New York (November 13, 2009, 5:55 PM EST) -- Marking another win for Bayer AG in the product liability multidistrict litigation over cholesterol drug Baycol, a federal appeals court panel on Friday upheld the exclusion of expert testimony and dismissed the claims of two plaintiffs.

The district court did not abuse its discretion in excluding the opinion of plaintiffs Gary and Joyce Burke's doctors, both of whom the court said failed to conduct medically reliable differential diagnoses, a three-judge panel ruled in the U.S. Court of Appeals for the Eighth Circuit on Friday.

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