In Re: Aredia and Zometa Products Liability Litigation
3:06-md-01760
M.D. Tenn.Dec 7, 2010Background
- MDL involving bisphosphonate-related jaw necrosis related to Aredia, before Judge Campbell in the Middle District of Tennessee.
- Defendant filed Daubert Motion to Exclude Testimony of Plaintiff’s Expert Dr. Richard Kraut (Docket No. 3501).
- Dr. Kraut, a board-certified oral and maxillofacial surgeon, held leadership roles at Montefiore Medical Center/Albert Einstein College of Medicine.
- Kraut’s report and opinions relied on existing literature and authorities, including Marx, Ruggerio, and AAOMS classifications.
- Kraut diagnosed Mrs. McDaniel’s jaw necrosis as bisphosphonate-induced, contending it falls under AAOMS stage II.
- Court denied the Daubert motion, deeming Kraut’s causation testimony reliable for purposes of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Daubert admissibility of Kraut’s causation testimony | Kraut’s testimony is reliable and admissible under Rule 702. | Kraut's opinions are unreliable and should be excluded. | Kraut’s causation testimony is admissible under Daubert. |
| Kraut’s qualifications to testify as an expert | Kraut is board-certified, highly experienced, and qualified. | Qualifications are insufficient or irrelevant to this specific causation issue. | Court finds Kraut qualified to offer expert opinions. |
| Application of Daubert factors and reliability assessment | Daubert flexibility allows reliable methods to support causation without excluding reasonable alternatives. | Daubert requires stricter scrutiny of the methodology and data; concerns about factual support. | Court endorses a flexible, reliability-focused assessment and preserves Kraut’s testimony for summary judgment. |
Key Cases Cited
- Best v. Lowe’s Home Centers, Inc., 563 F.3d 171 (6th Cir. 2009) (Daubert balancing admissibility with exclusion of junk science)
- In re Scrap Metal Antitrust Litigation, 527 F.3d 517 (6th Cir. 2008) (Daubert framework; focus on reliability and relevance)
- Kudabeck v. The Kroger Co., 338 F.3d 856 (8th Cir. 2003) (reliability need not eliminate all alternative causes)
- Jahn v. Equine Servs., PSC, 233 F.3d 382 (6th Cir. 2000) (uneliminated alternatives affect accuracy but not soundness)
- Nelson v. Tennessee Gas Pipeline Co., 243 F.3d 244 (6th Cir. 2001) (trial court should consider reasonable reliability measures)
- Sigler v. American Honda Motor Co., 532 F.3d 469 (6th Cir. 2008) (Daubert applicability and flexible inquiry)