Onglyza Products Cases, No. A165387 (D1d4 Apr. 19, 2023)
Plaintiffs claim they were injured by a diabetes drug. In connection with the drug’s NDA, the FDA made the manufacturer do an outcomes study on high-cardiovascular risk patients with type 2 diabetes. The study—a randomized, double-blind, placebo-controlled study of 16,492 patients—looked at three primary endpoints: cardiac arrest, heart attack, and stroke. It also looked at 10 secondary endpoints. The only statistically significant endpoint was hospitalization for heart failure. The study’s authors noted that the difference was small, unexpected, and merited further investigation. FDA required the drug’s label to disclose a warning for potential increased risk of heart failure.
Nobody replicated the study. Later observational studies of large groups could not find an association, and studies of pooled data from other clinical trials of the drug did not reveal a correlation.
To establish general causation—that the drug in question is capable of causing their injury—Plaintiffs called two experts, a cardiologist and a biostatistician. The cardiologist testified that the drug could generally cause heart failure. His analysis was heavily reliant on the single study. He purported to go through a series of criteria called the Bradford Hill criteria that are used in epidemiology to ascertain whether a causal effect has been shown. But the trial court found that the expert had employed the factors in a manner that over-weighted the single study to the exclusion of all other evidence. Finding that the cardiologist employed “a shifting results-based methodology that fails to logically and consistently weigh all relevant evidence,” the court excluded the expert under Sargon.
And because the biostatistician admitted that (a) his opinions were somewhat dependent on the cardiologist’s; and (b) he was not, on his own, able to opine about general causation, the trial court found that Plaintiffs didn’t meet their burden and granted summary judgment on general causation.
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