Court Error – Expert Testimony

By: Derek Hawkins//August 6, 2018//

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7^th Circuit Court of Appeals

Case Name: Isaac Owens v. Auxilium Pharmaceutics, Inc.

Case No.: 17-3416

Officials: BAUER, KANNE, and HAMILTON, Circuit Judges.

Focus: Court Error – Expert Testimony

Isaac Owens used Testim, a topical gel containing 1% testosterone, sporadically for two years. During this time, he developed deep vein thrombosis. He sued Testim’s manufacturer, alleging that the drug caused the condition. To show causation—a necessary element of all of his claims—Owens planned to rely on the testimony of Dr. Jihad Abbas. The district court excluded Dr. Abbas’s testimony and, as a result, granted summary judgment in favor of the drug manufacturer. Owens appeals the district court’s decision to exclude his expert’s testimony and grant summary judgment. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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