It seems fitting that if we are going to talk about a one-two
punch, we acknowledge the passing of boxing legend Marvelous Marvin
Hagler. The undisputed middleweight champion from 1980 to
1987 whose boxing career started in Massachusetts but who started
out a New Jersey boy. Only Jersey Understands
Jersey!
From New Jersey to Alabama and Lowery v. Sanofi-Aventis
LLC, 2021 WL 872620 (N.D. Ala. Mar. 9, 2021). Today
we're going to talk about the first hit to plaintiff's case
– Daubert. Stay tuned for the knockout blow
– preemption.
The product at issue is a Class III medical device that is a
gel-like substance that is injected into the knee to reduce
pain. This is the treatment that plaintiff underwent.
He experienced pain and swelling after the injection that required
surgery and antibiotics. His treaters determined he may have
had septic arthritis or possibly a pseudoseptic reaction.
Id. at *1-2. Sometime after plaintiff's
injection, the manufacturer
