The 2nd Circuit has upheld a district judge's decision to bar expert opinion purporting to show that the controversial anti-diabetes drug Rezulin caused the death of a patient. The appeals court said Judge Lewis Kaplan was right to reject the expert's opinion on Rezulin, because of the method the expert used to determine that Rezulin must have caused liver failure by cirrhosis. The case is one of more than a thousand concerning Rezulin that have been consolidated before Kaplan.
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2nd Circuit Upholds Barring of Expert's Testimony on Diabetes Drug
New York Law Journal
September 21, 2005
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