Karin Klein v. Tap Pharmaceutical Products, Inc.

MEMORANDUM

Karin Klein claimed that TAP Pharmaceuticals and Abbott Laboratories failed to warn her adequately of the severe side effects she experienced after taking Lu-pron Depot 3.75 mg. The case was tried to a jury, and Klein lost. She now argues that the district court abused its discretion in several evidentiary and discovery rulings and that the district court was unfairly biased. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Klein challenges the district court’s exclusion of several Lupron labels, adverse event reports, scientific articles, and supplemental expert reports. The district court did not abuse its discretion in excluding the challenged Lupron labels because they all contained information regarding the side effects of different formulations of Lupron, rendering them insufficiently relevant, unduly prejudicial, and likely to confuse the jury. See Fed.R.Evid. 403. Similarly, the district court did not err in excluding the adverse event reports. They were hearsay reports of uncertain reliability, lacking information relevant to causation. We also affirm the district court’s rulings excluding the scientific articles on hearsay grounds because…