Opinion
Civil Action No. 05-cv-4645 (PGS).
April 7, 2008
ORDER
This matter comes before the Court on a motion for reconsideration by Defendants Baxter Health Care Corporation and The American Red Cross. Defendants wish the Court to reconsider its decision of August 9, 2007, denying Defendants' motion for summary judgment. After review, the Court finds that expert evidence is required to determine whether the warning at issue in this case would be sufficient to one having "the ordinary knowledge common to the prescribing physician." N.J.S.A. § 2A:58C-4; see Campagna ex rel. Greco v. American Cyanamid Co., 337 N.J. Super. 530 (App.Div. 2001); Curtis v. Besam Group, No. 05-2807, 2007 WL 3232589, at *4 (D.N.J. Oct. 31, 2007).
Whereas the Court finds that the current motion is more akin to a motion in limine;
IT IS on this 7th day of April, 2008,
ORDERED that the motion for reconsideration is hereby denied; it is further
ORDERED that a hearing will be conducted on April 18, 2008, at 10 A.M., to determine whether there is a genuine issue of material fact as to the adequacy of the warning; it is further
ORDERED that plaintiff must proffer its expert testimony at this hearing; it is further
ORDERED that, as this is Defendants' motion, pursuant to Federal Rule of Civil Procedure 26(b)(4)(C)(i), the Defendants must pay all reasonable costs of Plaintiff, including expert fees incurred in conjunction with this hearing.