Opinion
MDL 1871 07-md-1871
10-25-2024
IN RE AVANDIA MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION THIS DOCUMENT APPLIES TO ALL THIRD-PARTY PAYOR ACTIONS
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 25th day of October 2024, upon consideration of GlaxoSmithKline's Motions to Exclude the Opinions and Proposed Testimony of Dr. Meredith Rosenthal [Doc. No. 5528] and Dr. Thomas McGuire [Doc. No. 5526] and the responses thereto, and for the reasons set forth in the attached memorandum opinion, it is hereby ORDERED that:
1. Defendant's Motion to Exclude the Opinions and Proposed Testimony of Dr. Meredith Rosenthal [Doc. No. 5528] is GRANTED.
2. Defendant's Motion to Exclude the Opinions and Proposed Testimony of Dr. Thomas McGuire [Doc. No. 5526] is GRANTED in part and DENIED in part as follows: a) the Motion is GRANTED as to Dr. McGuire's damages calculations using the Rosenthal adjustment, his Scenario 2, and his Metformin calculations; and 2) the Motion is otherwise DENIED as to the Dr. McGuire's damages calculations using his Step-Down Adjustment for Scenario 1.
3. By separate order, the Court will set a schedule for supplemental briefing on summary judgment and class certification.
It is so ORDERED.