A U.S. District Court judge has prevented a medical expert witness from testifying on behalf of plaintiffs in cases involving Eli Lily's Zyprexa drug. The expert had previously testified in approximately 20 individual Zyprexa cases. The judge concluded that the expert was "shockingly careless about the facts in the cases he proposes to opine about." "He repeatedly and impermissibly stretched the truth to support findings of causality."

While it is useful for litigators to work with an expert witness who has extensive testifying experience on the issue at hand, it can also lead to problems. Seven of the 20 cases mentioned above where the doctor testified are now pending summary judgment by that same judge. Finding an equally knowledgeable and qualified medical expert witness with less exposure is a strategy worth exploring.

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