Trasylol Defense Expert Testimony Excluded as to FDA Regulatory Scheme

MIAMI - In the Trasylol multidistrict litigation, a Florida federal judge has excluded a defense expert's testimony as to the Food and Drug Administration's regulatory scheme governing labeling after initial drug approval and Bayer's compliance therewith, ruling that it is contrary to law and likely to confuse the jury. In re Trasylol Products Liability Litigation, No. 08-MD-01928 (S.D. Fla.).

However, in the Oct. 21 order, Judge Donald M. Middlebrooks of the U.S. District Court for the Middle District of Florida allowed the expert's testimony as to Bayer's labeling of Trasylol, ruling that he may testify as to general requirements and …