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Recent Judicial Decisions on Specific Causation
It is, of course, black letter law that to prove a claim, a plaintiff in a product liability suit must establish that the product at issue caused the injury suffered by the plaintiff. Causation includes both general and specific: General causation “bears on whether the type of injury at issue can be caused or exacerbated by the defendant's product,” while specific causation “bears on whether, in the particular instance, the injury actually was caused or exacerbated by the defendant's product.” Ruggiero v. Warner-Lambert Co., 424 F.2d 249, 251 n. 1 (2nd Cir. 2005). See also Pick v. Amer. Med. Sys., Inc., 958 F. Supp. 1151, 1164 (E.D. La. 1997), aff'd 198 F.3d 241 (5th Cir. 1999). Absent a showing of both types of causation, a plaintiff's claims necessarily fail. In re Viagra Prod. Liab. Litig., 658 F. Supp. 2d 950 (D. Minn. 2009).
Plaintiffs have often assumed that if they could overcome the general causation barrier, they could easily create an issue of fact on the issue of specific causation. Recently, however, courts are giving more critical attention to the issue of specific causation, and, with increasing frequency, are excluding unreliable specific causation opinions.
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