Segal McCambridge Attorneys Succeed in Barring Two Plaintiffs' Experts from Arizona Infusion Pump Litigation


January 27, 2011

An Arizona judge has granted Segal McCambridge's motion to exclude two plaintiffs' experts from five cases in the nationwide infusion pump litigation. On Wednesday, January 26, Judge Susan R. Bolton of the U.S. District Court for the District of Arizona ruled to exclude Dr. Warren R. Dunn and Dr. Suzanne Parisian from providing expert testimony in five products liability cases being brought against our client, a medical device manufacturer.

Dr. Dunn, an epidemiologist, intended to present evidence linking the use of infusion pumps to disabling shoulder injuries known as post-arthroscopic glenohumeral chondrolysis. In barring his testimony, the judge found that the case studies on which Dr. Dunn intended to base his testimony lacked the scientific rigor to qualify as a retrospective cohort study. "Because Dr. Dunn's conclusions rest on an improper methodology for calculating the statistical likelihood of an association between the intra-articular infusion of anesthetics in the shoulder and chondrolysis," the judge wrote, "the Court must exclude Dr. Dunn's testimony."

Dr. Suzanne Parisian, a former official of the Food and Drug Administration (FDA), was prepared to offer her opinion regarding the conduct of our client vis-a-vis the FDA. The judge found that much of her report lacked analysis, but merely regurgitated facts and offered unsupported conclusions consistent with the plaintiffs' theory of the case. The judge found that "many of Dr. Parisian's opinions are beyond her expertise, speculative or too conclusory .... For example, Dr. Parisian concludes that Defendants failed to voluntarily and adequately warn health care providers, sales representatives, distributors and patients,' but Dr. Parisian is not qualified to offer such an opinion."

This proceeding was handled by Paul Wojcicki, Christian Ryba and Rebecca Letourneaux. Jeffrey Singer leads the national coordinating counsel team in this ongoing litigation.