PRODUCT LIABILITY – Failure to Warn; Causation; Unjust Enrichment 

Posted: 1:00 am Mon, March 15, 2010
By admin

(1)Where a plaintiff brought a failure-to-warn action against the manufacturer of a cholesterol-reducing drug, the plaintiff’s expert had inadequate factual evidence on which to base his opinion and did not show to a reasonable medical probability that the drug contributed to the plaintiff’s alleged injuries, so the District Court did not abuse its discretion in finding that the expert could not competently testify as to medical causation, so summary judgment for the defendant is affirmed.

(2)Where the record showed that a plaintiff’s cholesterol level fell after he took a cholesterol-reducing drug and no medical evidence showed that he suffered harm, the plaintiff received the benefit of his bargain, so the District Court properly granted summary judgment to the defendant on the unjust-enrichment claim. Judgment is affirmed.