7th Circuit Affirms Exclusion Of ‘Novel’ Expert Theory In Bard Hernia Patch Case

(January 23, 2019, 11:52 AM EST) -- CHICAGO — The Seventh Circuit U.S. Court of Appeals on Jan. 22 affirmed summary judgment in a hernia mesh patch case, agreeing with a district court that the theory of a plaintiff’s key expert witness was novel, untested, unaccepted and failed to meet the requirements of the U.S. Supreme Court’s expert testimony standard in Daubert v. Merrell Dow Pharmaceuticals, Inc. (Charlotte Robinson, et al. v. Davol Inc., et al., No. 17-2068, 7th Cir., 2019 U.S. App. LEXIS 1981)....

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