Venable partner Paul Strain
was quoted in an October 21 Law360
article on whether a federal appeals court panel will reinstate the causation testimony of a doctor who treated a patient with Fosamax. A district judge had previously found that the doctor's testimony could not be admitted because he had testified at trial that he "could not say" whether Fosamax was a cause or contributing factor of the plaintiff's injury.
Strain, who argued on behalf of Merck and Co., Inc., commented that the district couldn't have reached any other conclusion because of the "equivocal" nature of the doctor's testimony.