Summary Judgment Obtained for Pharmaceutical Manufacturer

Baker Sterchi obtained summary judgment in a pharmaceutical product liability case pending in Kansas federal court.  Plaintiff filed suit against our clients alleging that his ingestion of an anti-psychotic medication, prescribed to treat schizophrenia, caused him to develop gynecomastia (enlarged breast tissue), galactorrhea (discharge from the breast), and weight gain.  Baker Sterchi successfully argued that plaintiff failed to establish that he suffered from the injuries of which he complained, as no healthcare provider had made such diagnoses; and that plaintiff could not establish that his alleged ingestion of the medication at issue caused his complaints.  In granting summary judgment, the court found that self-diagnosis is not sufficient to overcome summary judgment, and that expert medical diagnosis is required.  In addition, the court found that plaintiff failed to establish a nexus between his alleged ingestion of his alleged injuries and his ingestion of the medication.  Plaintiff had no expert who could offer an opinion regarding causation, nor did circumstantial evidence negate other reasonable causes of the alleged injuries.  In sum, because a plaintiff could not present scientific evidence that suggested that his symptoms were caused by ingestion the subject medication, the Court found plaintiff failed to meet his burden to overcome summary judgment.