Illinois Appeals Court: Jury Should Decide ‘Clear Evidence’ In Diabetes Drug Case

(January 28, 2019, 9:48 AM EST) -- CHICAGO — An Illinois state appeals court on Jan. 23 ruled that a judge and not a jury should rule on whether there is clear evidence under U.S. Supreme Court precedent that the Food and Drug Administration would have rejected a pancreatic cancer warning for the diabetes drug Januvia (Danitta Rinder, et al. v. Merck Sharp & Dohme Corp., No. 13 L 3244, Sally Donzelli, et al. v. Merck Sharp & Dohme Corp., No. 13 L 10283, Ill. App., 1st Dist., 3rd Div., 2019 Ill. App. LEXIS 35)....

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