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Case Notes
Experts' Testimony Passes Reliability Test
The U.S. Court of Appeals for the Ninth Circuit has reversed the dismissal of a suit against a pharmaceuticals manufacturer after finding that the district court erred in excluding the plaintiffs' expert medical testimony as unreliable. Wendell v. Glaxosmithkline LLC, 2017 U.S. App. LEXIS 9787 (9th Cir. 6/2/17).
The case involves a boy with irritable bowel syndrome (IBD), Maxx Wendell, who at the age of 12 was first prescribed mercaptopurine (6-MP), an immunosuppressant drug manufactured at that time by GlaxoSmithKline (GSK). The drug, one of a class of drugs known as thiopurines, was marketed under the name Purinethol. It was not FDA-approved for treatment of IBD, but was commonly prescribed for such patients. Maxx took the drug for eight years.
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