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Guinn v. AstraZeneca Pharmaceuticals LP

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[PUBLISH]

Before DUBINA, Chief Judge, BIRCH and BLACK, Circuit Judges.

Appellant Linda Guinn brought suit against Appellee AstraZeneca Pharmaceuticals LP (AstraZeneca), claiming her use of the prescription drug Seroquel caused her to develop diabetes. Prior to trial, AstraZeneca filed a Daubert motion for the exclusion of the expert testimony of Dr. Jennifer Marks and a motion for summary judgment. After conducting a Daubert hearing, the district court entered an order granting both motions. The court found that summary judgment in favor of AstraZeneca was appropriate because Guinn had failed to establish a genuine issue of material fact on the issue of causation. The court based its ruling on two alternative grounds. First, the court held that the testimony of Dr. Marks, Guinn’s only evidence on the issue of specific causation, did not satisfy the requirements of Rule 702 of the Federal Rules of Evidence and therefore should be excluded. Second, the district court held that even if Dr. Marks’ testimony were admissible, it did not support the conclusion that it was more likely than not that Seroquel substantially contributed to causing Guinn’s diabetes. We affirm the district court’s order granting both AstraZeneca’s Daubert and summary judgment motions.

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