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IN RE ONGLYZA (SAXAGLIPTIN) AND KOMBIGLYZE

No. 22-6078 MDL 2809.

93 F.4th 339 (2024)

IN RE: ONGLYZA (SAXAGLIPTIN) AND KOMBIGLYZE (SAXAGLIPTIN AND METFORMIN) PRODUCTS LIABILITY LITIGATION — MDL 2809. Leatha Taylor, individually and as administratrix of the estate of David Taylor, et al., Plaintiffs-Appellants, v. Bristol-Myers Squibb Company; AstraZeneca Pharmaceuticals LP; IPR Pharmaceuticals Inc.; McKesson Corporation; AstraZeneca LP, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2024.

Attorney(s) appearing for the Case

ARGUED: Ashton Rose Smith , MOORE LAW GROUP, PLLC, Louisville, Kentucky, for Appellants. Paul W. Schmidt , COVINGTON & BURLING LLP, New York, New York, for Appellees. ON BRIEF: Ashton Rose Smith , Jennifer A. Moore , MOORE LAW GROUP, PLLC, Louisville, Kentucky, for Appellants. Paul W. Schmidt , COVINGTON & BURLING LLP, New York, New York, Carol Dan Browning , STITES & HARBISON PLLC, Louisville, Kentucky, Emily S. Ullman , COVINGTON & BURLING LLP, Washington, D.C., for Appellees.

Before: SILER, NALBANDIAN, and DAVIS, Circuit Judges.

OPINION

In this multi-district litigation, plaintiffs claim that saxagliptin, a diabetes drug, caused their heart failure. During expert discovery, plaintiffs presented a single expert to show the drug can cause heart failure. After a Daubert hearing and expert motions, the district court excluded the...

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