5th Cir. Upholds Dismissal of Action Challenging Guidelines Published in Medical Journal

NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has upheld dismissal of a lawsuit filed over Lyme disease guidelines published in a peer-reviewed medical journal, ruling that the statements were non-actionable medical opinions, rather than factual assertions that could support a claim for fraudulent or negligent misrepresentation.

In a Nov. 16 opinion, the appellate court explained that the guidelines “set forth explanations of medical research, experiments and knowledge based on citations to other published studies and clinical trials, not naked assertions of fact.”

Plaintiffs suffer from chronic Lyme disease, which is contracted from ticks carrying the bacterium …