5th Circuit Maintains Trial Court Erred in Barring Specific Causation Testimony

NEW ORLEANS - In a Terbutaline personal injury case, a 5th Circuit U.S. Court of Appeals majority on Oct. 18 denied plaintiffs' motion for rehearing en banc, maintaining its positon that a Mississippi federal court erred in barring a defense expert's specific causation testimony. Huss, et ux. v. Gayden, et al., No. 04-60962 (5th Cir.).

In an 8-8 decision, the appellate majority determined Oct. 14 that the trial court erred in barring the expert's opinion that the drug was not a cause of the plaintiff's cardimyopathy.

Barbara Huss and her husband filed a medical malpractice suit in the U.S. District …