A Rule 702 order on general causation resulted in summary judgment in more than 250 cases in the In re Baby Food MDL. Here’s how it happened and why the plaintiffs didn’t get a second try.
Plaintiffs alleging that a product caused their disease or disorder must establish both that the product can cause it (general causation) and that it did so in their case (specific causation). Because mass tort plaintiffs share similar general causation questions, multidistrict litigations (MDLs) and other coordinated actions often address general causation first. Without admissible expert testimony on general causation, plaintiffs’ cases are futile, and specific causation need not be addressed.