Fourth Circuit: Plaintiffs Appealing CMO 100 v. Pfizer

No error in exclusion of expert testimony under Daubert where statistician performed a wide range of analyses to verify the legitimacy of the analysis, but excluded the other tests from testimony, and further impermissibly used an indicator for the medical condition as evidence of the medical condition.

No error in exclusion of second expert where stepped dosage conclusions were impermissibly based on conclusions as to lowest dosage that were based on a statistically insignificant association, since this manner of analysis is not generally accepted.

No error in exclusion of third expert, as differential diagnosis methodology did not sufficiently account for alternative causation.

Deft admissions almost never sufficient basis to survive summary judgment, where the claim is too complex for the average juror.

Summary judgment grant across the MDL was an appropriate use of judicial resources.

http://www.ca4.uscourts.gov/opinions/171140.P.pdf