Davidson v. Wyeth, Inc., No. 11-1815 (8th Cir. 2012)Annotate this Case
Plaintiffs developed breast cancer after taking Prempro, a drug manufactured by Defendant. Plaintiffs filed separate lawsuits against Wyeth, alleging that the use of Prempro increased the risk of breast cancer and that Wyeth failed to adequately warn of the drug's adverse effects. On behalf of Plaintiffs, Dr. Donald Austin opined that short-term Prempro use increased breast cancer risk. The magistrate judge concluded that Dr. Austin's opinion was not sufficiently reliable under Daubert and granted Wyeth's motion to preclude the expert testimony. The court then granted Wyeth's motion for summary judgment and dismissed the two cases. The Eighth Circuit Court of Appeals reversed, holding that the magistrate judge abused his discretion in precluding Dr. Austin's expert testimony, as the opinion was admissible. Remanded.