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T. Thomas Metier

When Expert Testimony is Excluded, When Is It Abuse of Discretion?

In Redd v. DePuy Orthopaedics, Inc., No. 16-3428, (8th Cir., 2017) the United States Court for the Eighth District answered that question. In 2008 Judith Redd (“Redd”) received a total hip replacement. She was five feet tall, weighed 302 pounds, […]

T. Thomas Metier

In a Products Liability Case, Does the Statute of Limitations Run at the First Sign of Harm?

In Adams v. American Medical System, No. 14-4057 (D. Utah, 2017), the Court of Appeals for the Tenth Circuit determines the timetable for the statute of limitations. Gerry Adams (“Adams”) alleged that a mesh sling that she had surgically implanted […]

T. Thomas Metier

How Much Warning Is Enough in a Pharmaceutical Products Liability Claim?

For more than 50 years, the FDA never required Clomid to carry warnings suggesting birth defects associated with Clomid use prior to pregnancy.