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A recent Law360 article noted a Buchanan Ingersoll & Rooney’s Procter & Gamble defense litigation team led by Howard D. Scher and including Richard M. Simins, Gerald E. Burns, Thomas P. Manning, Robert J. Fitzgerald, Elizabeth S. Klaproth, John J. Powell and Cheri Pearce. The team earned a major win when the Superior Court affirmed a Philadelphia Mass Tort Program judge’s grant of a Frye motion that excluded the plaintiff’s expert witnesses and resulted in summary judgment in favor of client P&G.. 

The Superior Court decision, the first appellate decision anywhere, adopts the defense position that plaintiffs should not be permitted to present expert testimony to a jury where that testimony relies on a handful of unscientific “case reports” that merely hypothesize (without a legitimate scientific methodology) that Fixodent might be causing injury. Howard D. Scher argued the case before a three-judge panel over half a year ago, and the decision has been eagerly anticipated because it will impact not only the remaining Philadelphia Denture Cream Mass Tort cases, but also the pending cases in other state courts and in a federal MDL.

Read the full article – “PA Court Won’t Reopen Fixodent Nerve-Damage Suit” (Law360, December 10, 2013)