Expert testimony excluded in product liability case

When I started practicing law just a few weeks shy of 25 years ago, the most common cases I worked on were product liability cases, in which plaintiffs asserted that defective products, most commonly motor vehicles, caused injuries or death. While these cases are rarer than they once were, they still show up from time to time, and a perennial issue in them is the admissibility of testimony of the parties’ expert witnesses on the various issues in the case, including the existence of a defect, whether the defect caused the plaintiff’s injuries, and the extent of the plaintiff’s injuries. In this case, Judge Clark recently resolved two motions dealing with expert testimony in a vehicle product liability case. In the first, 

Beaumont jury awards $20.34 million in medical device case

Last week a Beaumont jury in Chief Judge Ron Clark’s court returned a verdict in favor off the plaintiff in Barry v. Medtronic, which dealt with devices used in scoliosis surgeries.  It found all the asserted claims infringed and willfully so, and that none of the defensive issues had been shown by clear and convincing evidence.  It awarded a total of $20,346,390.