Attempt to Buttress Expert's Scant Reasoning Rejected on Appeal in Pelvic Mesh Case
Litigation attorney Eric Alexander authored a blog post for Drug & Device Law about a federal appellate decision that upheld the dismissal of a case in which the plaintiffs lacked a viable expert opinion. In Cantrell v. Coloplast Corp., a pelvic mesh case, the U.S. Court of Appeals for the Eighth Circuit rejected the plaintiff's arguments that an expert opinion implicating the defendant's device should not have been excluded by the district court. The Eighth Circuit found the report was filed in an untimely manner and did not satisfy the Federal Rules of Civil Procedure, thus affirming the lower court's decision. In this blog, Mr. Alexander outlines the plaintiff's arguments and court's reasoning.