No, that’s not why I did it.

Originally published by David Coale.

Plaintiff alleged birth defects from the prescription of metoclopramide, off-label, to control nausea during pregnancy.  The prescribing doctor gave “unequivocal” deposition testimony that he chose the medicine because of his clinical experience, and had no contact with marketing efforts by the drug manufacturer.  Accordingly, preempted or not, plaintiff’s claims failed for lack of causation. Whitener v. Pliva, Inc., No. 14-30468 (April 9, 2015, unpublished).

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