Ronwin v. Bayer Corp.
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Ronwin v. Bayer Corp.
Opinion of the Court
These matters are before the Court upon the Plaintiffs’ motions for relief from parts 1(A) and 1(B) of PTO No. 114, which require that Plaintiffs submit either a case-specific expert report from a medical expert attesting that Baycol caused the plaintiff injury or a letter and supporting documents, followed by a case-specific expert report, that identifies and highlights the medical records, samples or prescriptions that document Baycol use, states the specific injury alleged, and copies of relevant medical, sample or prescription records.
The issue raised in all of Plaintiffs’ motions is whether the state law governing their claims requires a case-specific expert report to prove causation in fact. Plaintiffs assert that the Baycol cases are analogous to vehicular accident and other personal injury cases, and that in such cases, expert testimony is not necessary to prove causation where there is an obvious causal relationship between the injury complained of and the alleged act. Plaintiffs argue that general causation is not an issue in these cases, therefore they can establish causation in fact through lay testimony that they ingested Baycol, that they suffered injury subsequent to that ingestion, whether some other event in their lives could have caused such injury and whether Baycol was in fact the case of the injury. Analysis
The Court has reviewed the case law cited by Plaintiffs in their briefs, and finds that the relevant state law concerning the .plaintiffs burden of proof as to causation in personal injury actions is consistent. Generally, to prove a negligence claim, state law requires that the plaintiff prove injury and a causal connection between the claimed injury and the event sued upon. See e.g., Morgan v. Compugraphic Corporation, 675 S.W.2d 729, 732 (Tex. 1984); Dennis v. Prisock, 221 So.2d 706, 710 (Miss. 1969); Page v. Cox & Cox, Inc., - So.2d -, 2004 WL 406085, *7 (Ala.Civ.App. 2004); Eannottie v. Carriage Inn of Steubenville, 155 Ohio App.3d 57, 799 N.E.2d 189, 192 (2003); Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 676 (Tenn. 1991); Simmons v. King, 833 So.2d 1148, 1150 (La.Ct.App. 2002); Parker
A medical expert may be utilized to prove that the event sued upon caused the alleged injury. However, in some cases, state law recognizes that a medical expert may not be necessary to prove causation. “Lay testimony is adequate to prove causation in cases in which general experience and common sense will enable a layman to determine, with reasonable probability, the causal relationship between the event and the condition.” Dawson v. Briggs, 107 S.W.3d 739, 753-754 (Tex.App. 2003). See also, Eannottie, 799 N.E.2d at 192 (“in a negligence action involving conduct within the common knowledge and experience of jurors, expert testimony is not required.”); Orman, 803 S.W.2d at 676 (“Except in the most obvious, simple and routine cases, the claimant in a worker’s compensation action must establish by expert medical evidence the causal relationship alluded to above between the claimed injury ... and the employment activity.”); Atchison, 391 P.2d at 579 (“The accepted rule is that negligence on the part of the physician or surgeon, by reason of his departure from the proper standard of practice, must be established by expert medical testimony, unless the negligence is so grossly apparent that a layman would have no difficulty in recognizing it.”); Lattanze, 448 A.2d at 608 (generally plaintiff must prove causation by expert medical testimony except where there is an obvious causal relationship— one where injuries are immediate and direct or the natural and probable result of the alleged negligent act.”); Aspiazu, 535 A.2d at 342 (expert testimony not needed if the medical condition is obvious or common in every day life or if evidence creates a probability so strong that a jury can form a reasonable belief without aid of an expert); 467 N.W.2d at 647 (expert testimony necessary where the “question involves obscure and abstruse medical factors such that the ordinary laymen cannot reasonably possess well-founded knowledge of the matter and could only indulge in speculation in making a finding.”).
There are two reasons why this Court cannot agree that the Baycol cases before it fall within the exception to the expert testimony requirement. First, the Court notes that Plaintiffs do not cite to a single state law opinion that supports their position that personal injury cases involving pharmaceuticals, toxins or medical devices are analogous to vehicle accidents or other personal injury cases. Second, pursuant to one of the medical experts retained by the Plaintiffs’ Steering Committee (“PSC”), the alleged injuries sustained by the plaintiffs that ingested Baycol, including muscle pain and weakness, require a physician to perform a differential diagnosis to determine the origin of such injury. Deposition of Thomas M. Zizic, M.D. at 184. Relevant to the causation inquiry is a particular plaintiffs medical history, and any medications taken at the same time as Baycol to determine whether concomitant illnesses or medications could be the cause of such injuries. Id. at 185. Similarly, another medical expert retained by the PSC testified at his deposition that it is important to investigate alternative causes of injury when making a diagnosis. Deposition of George Kaysen, M.D. at 38-39, 41. The ability to perform a differential diagnosis is clearly beyond the ability or experience of a lay person.
For these reasons, this Court finds that the Baycol cases are not analogous to
The above analysis applies equally to the motion of Plaintiff Edwin Ronwin
Plaintiff Ronwin’s Baycol case is not an accident case, nor does it involve facts in which causation is obvious. Rather, his case raises the issue of whether the pharmaceutical, Baycol, caused his particular injuries, which include left arm pain, blurred vision, leg pain, slight caterax in both eyes, and a torn rotator cuff. Exhibit A to Bayer Opposition to Plaintiffs’ Motions for Relief from Parts 1(A) and 1(B) of PTO 114. Contrary to Plaintiff Ronwin’s assertions, whether Baycol caused such in
IT IS HEREBY ORDERED that the above named Plaintiffs’ Motion for Relief From Parts 1(A) and 1(B) are DENIED.
. Plaintiff Ronwin has also submitted a letter in addition to his motion for relief under PTO No. 114, raising the question of how to file a motion for an extension of time to comply with the discovery deadlines contained in PTO No. 114. Section VII of PTO No. 114 provides that the parties may stipulate to such an extension, or that the plaintiff may move for an extension. If a motion for an extension is filed, such motion will be heard by this Court.
Opinion of the Court
These matters are before the Court upon the Plaintiffs’ motions for relief from parts 1(A) and 1(B) of PTO No. 114, which require that Plaintiffs submit either a case-specific expert report from a medical expert attesting that Baycol caused the plaintiff injury or a letter and supporting documents, followed by a case-specific expert report, that identifies and highlights the medical records, samples or prescriptions that document Baycol use, states the specific injury alleged, and copies of relevant medical, sample or prescription records.
The issue raised in all of Plaintiffs’ motions is whether the state law governing their claims requires a case-specific expert report to prove causation in fact. Plaintiffs assert that the Baycol cases are analogous to vehicular accident and other personal injury cases, and that in such cases, expert testimony is not necessary to prove causation where there is an obvious causal relationship between the injury complained of and the alleged act. Plaintiffs argue that general causation is not an issue in these cases, therefore they can establish causation in fact through lay testimony that they ingested Baycol, that they suffered injury subsequent to that ingestion, whether some other event in their lives could have caused such injury and whether Baycol was in fact the case of the injury. Analysis
The Court has reviewed the case law cited by Plaintiffs in their briefs, and finds that the relevant state law concerning the .plaintiffs burden of proof as to causation in personal injury actions is consistent. Generally, to prove a negligence claim, state law requires that the plaintiff prove injury and a causal connection between the claimed injury and the event sued upon. See e.g., Morgan v. Compugraphic Corporation, 675 S.W.2d 729, 732 (Tex. 1984); Dennis v. Prisock, 221 So.2d 706, 710 (Miss. 1969); Page v. Cox & Cox, Inc., - So.2d -, 2004 WL 406085, *7 (Ala.Civ.App. 2004); Eannottie v. Carriage Inn of Steubenville, 155 Ohio App.3d 57, 799 N.E.2d 189, 192 (2003); Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 676 (Tenn. 1991); Simmons v. King, 833 So.2d 1148, 1150 (La.Ct.App. 2002); Parker
A medical expert may be utilized to prove that the event sued upon caused the alleged injury. However, in some cases, state law recognizes that a medical expert may not be necessary to prove causation. “Lay testimony is adequate to prove causation in cases in which general experience and common sense will enable a layman to determine, with reasonable probability, the causal relationship between the event and the condition.” Dawson v. Briggs, 107 S.W.3d 739, 753-754 (Tex.App. 2003). See also, Eannottie, 799 N.E.2d at 192 (“in a negligence action involving conduct within the common knowledge and experience of jurors, expert testimony is not required.”); Orman, 803 S.W.2d at 676 (“Except in the most obvious, simple and routine cases, the claimant in a worker’s compensation action must establish by expert medical evidence the causal relationship alluded to above between the claimed injury ... and the employment activity.”); Atchison, 391 P.2d at 579 (“The accepted rule is that negligence on the part of the physician or surgeon, by reason of his departure from the proper standard of practice, must be established by expert medical testimony, unless the negligence is so grossly apparent that a layman would have no difficulty in recognizing it.”); Lattanze, 448 A.2d at 608 (generally plaintiff must prove causation by expert medical testimony except where there is an obvious causal relationship— one where injuries are immediate and direct or the natural and probable result of the alleged negligent act.”); Aspiazu, 535 A.2d at 342 (expert testimony not needed if the medical condition is obvious or common in every day life or if evidence creates a probability so strong that a jury can form a reasonable belief without aid of an expert); 467 N.W.2d at 647 (expert testimony necessary where the “question involves obscure and abstruse medical factors such that the ordinary laymen cannot reasonably possess well-founded knowledge of the matter and could only indulge in speculation in making a finding.”).
There are two reasons why this Court cannot agree that the Baycol cases before it fall within the exception to the expert testimony requirement. First, the Court notes that Plaintiffs do not cite to a single state law opinion that supports their position that personal injury cases involving pharmaceuticals, toxins or medical devices are analogous to vehicle accidents or other personal injury cases. Second, pursuant to one of the medical experts retained by the Plaintiffs’ Steering Committee (“PSC”), the alleged injuries sustained by the plaintiffs that ingested Baycol, including muscle pain and weakness, require a physician to perform a differential diagnosis to determine the origin of such injury. Deposition of Thomas M. Zizic, M.D. at 184. Relevant to the causation inquiry is a particular plaintiffs medical history, and any medications taken at the same time as Baycol to determine whether concomitant illnesses or medications could be the cause of such injuries. Id. at 185. Similarly, another medical expert retained by the PSC testified at his deposition that it is important to investigate alternative causes of injury when making a diagnosis. Deposition of George Kaysen, M.D. at 38-39, 41. The ability to perform a differential diagnosis is clearly beyond the ability or experience of a lay person.
For these reasons, this Court finds that the Baycol cases are not analogous to
The above analysis applies equally to the motion of Plaintiff Edwin Ronwin
Plaintiff Ronwin’s Baycol case is not an accident case, nor does it involve facts in which causation is obvious. Rather, his case raises the issue of whether the pharmaceutical, Baycol, caused his particular injuries, which include left arm pain, blurred vision, leg pain, slight caterax in both eyes, and a torn rotator cuff. Exhibit A to Bayer Opposition to Plaintiffs’ Motions for Relief from Parts 1(A) and 1(B) of PTO 114. Contrary to Plaintiff Ronwin’s assertions, whether Baycol caused such in
IT IS HEREBY ORDERED that the above named Plaintiffs’ Motion for Relief From Parts 1(A) and 1(B) are DENIED.
. Plaintiff Ronwin has also submitted a letter in addition to his motion for relief under PTO No. 114, raising the question of how to file a motion for an extension of time to comply with the discovery deadlines contained in PTO No. 114. Section VII of PTO No. 114 provides that the parties may stipulate to such an extension, or that the plaintiff may move for an extension. If a motion for an extension is filed, such motion will be heard by this Court.
Reference
- Full Case Name
- In re: BAYCOL PRODUCTS LITIGATION Edwin Ronwin v. Bayer Corp. Chester T. Hennington v. Bayer Corp. Kevin Hughes v. Bayer Corp. Luberta Lawson v. Bayer Corp. James Richardson v. Bayer Corp. Donald Randall v. Bayer Corp. Mary Bynum v. Bayer Corp. Willard Watts v. Bayer Corp. Joseph Holifield v. Bayer Corp. Jeffrey Varas v. Bayer Corp. Rosa Lee Jackson v. Bayer Corp. Azell Green v. Bayer Corp. Ruth Hodge v. Bayer Corp. Barbara Anderson v. Bayer Corp. Vadie Mae Alexis v. Bayer Corp. Lucretia Lazere v. Bayer Corp. Jose Guerra v. Bayer Corp. Muriel Parilla v. Bayer Corp. Annie Andrews v. Bayer Corporation Maney Anglin v. Bayer Corporation Judy Baldwin v. Bayer Corporation Dorothy Bennett v. Bayer Corporation Sharon Carter v. Bayer Corporation Curtis Coates v. Bayer Corporation Cindy Dickerson v. Bayer Corporation Alice Dowling v. Bayer Corporation Mary Ellis v. Bayer Corporation Sis Grubbs v. Bayer Corporation David Hester v. Bayer Corporation George Jenkins v. Bayer Corporation Kenneth Michael v. Bayer Corporation Mary Richardson v. Bayer Corporation Charles Rogers v. Bayer Corporation Verlean Toles v. Bayer Corporation Clarence Wheeler v. Bayer Corporation Albert Williams v. Bayer Corporation Willie Womack v. Bayer Corporation Jeffery Woods v. Bayer Corporation Hattie Ruth Wright v. Bayer Corporation Toni Andress v. Bayer Corp. Mateo Aolmarez v. Bayer Corp. Leticia Arellano v. Bayer Corp. Kathleen Bagnato v. Bayer Corp. Anthony Beam v. Bayer Corp. Laura Beavers v. Bayer Corp. Freda Bledsoe v. Bayer Corp. Beverly Bryant v. Bayer Corp. Sigrid Carpenter v. Bayer Corp. Guadalupe Castillo v. Bayer Corp. Gary Chenette v. Bayer Corp. Elfie Clark v. Bayer Corp. Benny Cox v. Bayer Corp. Norma Dean Damron v. Bayer Corp. Leo Danforth v. Bayer Corp. Elva Dikes v. Bayer Corp. Jose Espinoza v. Bayer Corp. Carol Etame v. Bayer Corp. Carl Frey v. Bayer Corp. Michael Frisnia v. Bayer Corp. Ramona Garcia v. Bayer Corp. Teresa Galloway v. Bayer Corp. Irene Gosch v. Bayer Corp. David Goss v. Bayer Corp. Sidney Gottlieb v. Bayer Corp. Mary Greenhill v. Bayer Corp. Frances Gregg v. Bayer Corp. Francine Gunder-Bricq v. Bayer Corp. Willard Hall v. Bayer Corp. Nancy Hamlin v. Bayer Corp. Dorothy Harris v. Bayer Corp. Laura Hornback v. Bayer Corp. Evelyn Husband v. Bayer Corp. Dorothy Jemmison v. Bayer Corp. Cardell Jones v. Bayer Corp. Henry Jones v. Bayer Corp. Martha Jones v. Bayer Corp. Rosa Jones v. Bayer Corp. Rose Jones v. Bayer Corp. Virginia Killen v. Bayer Corp. Delores King v. Bayer Corp. Charles Kruse v. Bayer Corp. Sylvia Landrum v. Bayer Corp. Helen Lanier v. Bayer Corp. Mary Lumpkin v. Bayer Corp. William Matthews v. Bayer Corp. Hubert Medlock v. Bayer Corp. Donald Wayne Mills v, Bayer Corp. Samual Moore v. Bayer Corp. Joann Nelson v. Bayer Corp. Sally Nielsen v. Bayer Corp. Alfred Nwokobia v. Bayer Corp. Inez Orta v. Bayer Corp. Dorothy Pampell v. Bayer Corp. Bertha Porter v. Bayer Corp. Geraldine Pulaski v. Bayer Corp. Lisa Ann Renfroe v. Bayer Corp. Maragarita Reyes v. Bayer Corp. Joe Rice v. Bayer Corp. Margaret Roberts v. Bayer Corp. Annie Sanders v. Bayer Corp. Thelma Scales v. Bayer Corp. Argatha Scarlato v. Bayer Corp. Joy Shadley v. Bayer Corp. Iris Shepherd v. Bayer Corp. Sheri Simmons v. Bayer Corp. Mary Smith v. Bayer Corp. Doris Spearman v. Bayer Corp. Mary Sprouse v. Bayer Corp. James Tennyson v. Bayer Corp. James Tucker v. Bayer Corp. Eduardo Villnueva v. Bayer Corp. William Weekley v. Bayer Corp. Wilma White v. Bayer Corp. Bonard Wilborn v. Bayer Corp. Kenneth Williams v. Bayer Corp. Beverly Willingham v. Bayer Corp. Martha Willingham v. Bayer Corp. Carrie Woliver v. Bayer Corp. Mildred Wright v. Bayer Corp.
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