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Rhodes v. Bayer Healthcare Pharms.

United States District Court for the Western District of Louisiana, Shreveport Division

March 26, 2013, Decided; March 26, 2013, Filed

CIVIL ACTION NO. 10-1695

Opinion

MEMORANDUM RULING

Before the Court is Bayer Healthcare Pharmaceuticals Inc.'s ("Bayer") Motion to Exclude the Proffered Opinions of Dr. Stephen Hamilton. See Record Document 30. Bayer filed the motion pursuant to Federal Rule of Evidence 702, arguing that Plaintiffs can show neither that Dr. Hamilton is qualified to make the opinions he renders nor that his opinions satisfy the requirements of Daubert. See id. Plaintiffs Cherie Ledet Rhodes and Keith Rhodes1 opposed the motion. See Record Document 37. For the reasons set forth below, Bayer's motion is GRANTED and Dr. Hamilton's causation and liability opinions are excluded.

I.  [*2] BACKGROUND

The instant matter is a products liability/failure to warn case under the Louisiana Products Liability Act ("LPLA"). Plaintiffs contend that Cherie Ledet Rhodes ("Ms. Rhodes") suffered peripheral neuropathy after taking two Avelox pills over a two-day span. They further allege that the Avelox pills caused Ms. Rhodes' peripheral neuropathy. Avelox is a FDA-approved prescription medication that was prescribed to treat Ms. Rhodes' sinus problems. More specifically, Avelox (moxiflaxin) is an antibiotic of the fluorquinolone class.

Dr. Hamilton is currently a Professor Emeritus of Pharmacy and Medicine (Cardiology) from the University of Oklahoma Health Sciences Center. See Record Document 30, Exhibit 1 at 1. His education and training includes a Bachelor of Science degree in Pharmacy from the University of Missouri, a Doctor of Pharmacy degree from the University of Tennessee, and a Post-Doctoral Fellowship in Clinical Pharmacy Services from the University of Texas. See id. Dr. Hamilton was asked by Plaintiffs to address the following:

I have been asked to offer opinions on the possibility of Avelox (moxifloxacin) causing peripheral neuropathy and/or long term or permanent damage  [*3] due to myopathy and if the prescribing information is adequate with regards to these adverse events.

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2013 U.S. Dist. LEXIS 44670 *; CCH Prod. Liab. Rep. P19,070; 2013 WL 1289050

CHERIE LEDET RHODES, ET AL. VERSUS BAYER HEALTHCARE PHARMACEUTICALS, INC., ET AL.

Subsequent History: Summary judgment granted by, Dismissed by Rhodes v. Bayer Healthcare Pharms., Inc., 2013 U.S. Dist. LEXIS 46967 (W.D. La., Mar. 28, 2013)

CORE TERMS

causation, neuropathy, peripheral, scientific, warnings, labeling, reliable, expert testimony, medical doctor, causal, deposition, diagnosis, product liability, fluoroquinolone, medication, patients, training, medical record, adverse event, methodology, causative, prescribe, Pharmacy, adequacy, clinical