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ARTICLE · 29 MAY 2020

Quasi-Guest Post – Plaintiffs' Beast Of Burden: Adverse Event Reports Precede Causation

As is often the case in pharmaceutical product liability actions, another group of plaintiffs' claims suffered a fatal deficiency: establishing a causal association between the drug at issue and the alleged injury.

United StatesLitigation, Mediation & Arbitration

We're calling this a "quasi" guest post because the author, Reed Smith's Dean Balaes, is actually trying out to join our blogging team. This is his inaugural post, of what we hope will be many more. This particular post addresses the causation aspects of a case, Gayle v. Pfizer, Inc., ___ F. Supp.3d ___, 2020 WL 1685313 (S.D.N.Y. April 7, 2020), that we mentioned in yesterday's preemption post. As we hope you'll see shortly, the causation issues in Gayle are also interesting, and favorable to the right side of the "v." Without further ado, take it away Dean.

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As is often the case in pharmaceutical product liability actions, another group of plaintiffs' claims suffered a fatal deficiency: establishing a causal association between the drug at issue and the alleged injury. Gayle v. Pfizer, Inc., ___ F. Supp.3d ___, No. 19-CV-3451, 2020 WL 1685313 (S.D.N.Y. April 7, 2020), illustrates this debilitating deficiency when the other side alleged that

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