J&J Tells 7th Circ. Missing FDA Evidence Dooms $20M Verdict
Law360 (May 21, 2019, 4:31 PM EDT) -- A Seventh Circuit panel on Tuesday pushed back against Johnson & Johnson's argument the court should throw out a $20 million verdict because the company was wrongly barred from presenting evidence from the U.S. Food and Drug Administration that its pelvic mesh was safe and effective.
The panel raised concerns that reversing the lower court's decision to exclude evidence regarding FDA regulation of medical devices would be a departure from the findings of other federal appellate courts.
"We would be running upstream against other circuits reversing on that ground," U.S. Circuit Judge Diane S. Sykes said during oral argument. "Federal law...
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