In re: ONGLYZA (SAXAGLIPTIN) AND KOMBIGLYZE (SAXAGLIPTIN AND
METFORMIN) PRODUCTS LIABILITY LITIGATION - MDL 2809.
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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. |
No. 22-6078 |
Appeal from Multi-District Litigation 2809.
No. 5:18-md-02809—Karen K. Caldwell, District Judge,
United States District Court for the Eastern District of Kentucky at Lexington.
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OPINION
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NALBANDIAN, Circuit Judge. 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 expert, finding that methodological flaws rendered
his testimony unreliable under Federal Rule of Evidence 702. The district court then granted
summary judgment for defendants, rejecting plaintiffs’ claim that other evidence created a
genuine issue of material fact as well as their request for ninety days to find a replacement
expert.
On appeal, plaintiffs challenge the district court’s exclusion of their expert, its grant of
summary judgment, and its refusal to give plaintiffs more time to find another expert witness.
Because we conclude all three claims lack merit, we AFFIRM. |