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Degidio v. Centocor Ortho Biotech, Inc.

United States District Court for the Northern District of Ohio, Western Division

March 11, 2014, Filed

Case No. 3:09CV721

Opinion

 [*675]  ORDER

In this pharmaceutical products-liability suit governed by Ohio law, plaintiff Anthony DeGidio alleges that defendant Centocor Ortho Biotech, Inc.1, the developer and manufacturer of the immunosuppressant drug Remicade, failed to warn that taking Remicade can cause noninfectious interstitial lung disease. Plaintiff alleges he contracted this condition, which severely impairs his ability to breathe, after taking Remicade to treat his Crohn's disease.

Jurisdiction is proper under 28 U.S.C. § 1332(a)(1).

Now pending are Centocor's  [**2] motions under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), to exclude plaintiff's three expert witnesses, each of whom intends to opine that Remicade can and did cause plaintiff's lung injury. (Docs. 115, 116). Centocor also filed a partial motion for summary judgment, contending that, if I grant the Daubert motions, plaintiff would have no admissible evidence to prove proximate cause. (Doc. 124).

For the reasons that follow, I grant the motions to exclude plaintiff's experts and, of necessity, grant Centocor's motion for summary judgment.

Background

Plaintiff is a fifty-nine-year-old man who has suffered from Crohn's disease since the 1970s. In 2008, plaintiff's treating physician, Dr. Gregory Slee, opined that plaintiff's Crohn's disease was so severe that, absent a liver transplant, plaintiff's life expectancy was less than ten years. Plaintiff represents that, due to the injuries at issue in this case, he is no longer a viable candidate for transplant surgery.

Crohn's disease is a chronic, incurable inflammatory disease affecting the gastrointestinal tract. In Crohn's disease, the body's blood cells produce a substance called tumor necrosis factor alpha (TNF-α), which  [**3] causes the immune system to attack healthy tissues.

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3 F. Supp. 3d 674 *; 2014 U.S. Dist. LEXIS 31258 **; 93 Fed. R. Evid. Serv. (Callaghan) 1128

Anthony DeGidio, Plaintiff v. Centocor Ortho Biotech, Inc., et al., Defendants

Prior History: DeGidio v. Centocor, Inc., 2009 U.S. Dist. LEXIS 126887 (N.D. Ohio, June 29, 2009)

CORE TERMS

patients, interstitial, disease, pneumonitis, infliximab, causation, lung disease, lung, opined, alveolar, diffuse, biologic, reliable, eosinophilic, causes, epidemiological, pneumonia, infusion, methodology, authors, non-infectious, pulmonary, studies, causal relationship, scientific, unreliable, symptoms, temporal, causal, severe

Healthcare Law, Medical Treatment, Failures to Disclose & Warn, Prescription Medications, Torts, Causation, Proximate Cause, General Overview, Products Liability, Types of Defects, Marketing & Warning Defects, Evidence, Admissibility, Expert Witnesses, Expert Witnesses, Helpfulness, Daubert Standard, Burdens of Proof, Preponderance of Evidence, Allocation, Elements, Scientific Evidence, Testimony