MINNEAPOLIS – Nov. 7, 2024 – Global law firm Greenberg Traurig, LLP prevailed for Medtronic MiniMed in Wiggins v. Medtronic MiniMed, Inc., helping secure dismissal of the alleged wrongful death case at the summary judgment stage in favor of MiniMed following a lengthy Rule 702 hearing.
The Greenberg Traurig team representing MiniMed included Shareholder Nicole E. Narotzky of the Minneapolis office and Shareholders Rodney M. Hudson and Thomas R. Pack of the San Francisco office.
After a Rule 702 evidentiary hearing and lengthy litigation and briefing, Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida, Pensacola Division, excluded the opinions of the plaintiff’s engineering expert — who sought to opine that the pump was defective and allegedly overdelivered insulin — and the plaintiff’s endocrinology expert — who sought to opine that the pump user died from that alleged overdelivery. At the evidentiary hearing, Hudson cross-examined plaintiff’s engineering expert, and Narotzky cross-examined plaintiffs’ endocrinology expert.
After hearing the testimony and evidence, and based on argument and briefing, the court excluded both experts’ opinions as improper and unreliable under Rule 702. As a result, without the required expert testimony on causation, the court granted summary judgment in favor of MiniMed.
About Greenberg Traurig’s Pharmaceutical, Medical Device & Health Care Litigation Group: The Pharmaceutical, Medical Device & Health Care Litigation Group is an integral part of the firm’s 800+ attorney Litigation Practice. Led by “trial wizard” Lori G. Cohen, this team is nationally recognized for its dynamic courtroom presence, responsiveness to clients, and deep subject matter knowledge. Recent recognitions include Law360’s “Product Liability Practice Group of the Year” for 2021 and 2022; national rankings for 2024 “Product Liability & Mass Torts” from Chambers USA Guide; and national rankings for 2024 “Product Liability, Mass Tort and Class Action Defense: Pharmaceuticals and Medical Devices” from The Legal 500 United States.
About Greenberg Traurig: Greenberg Traurig, LLP has more than 2750 attorneys in 48 locations in the United States, Europe and the Middle East, Latin America, and Asia. The firm is a 2022 BTI “Highly Recommended Law Firm” for superior client service and is consistently among the top firms on the Am Law Global 100 and NLJ 500. Greenberg Traurig is Mansfield Rule Certified Plus by The Diversity Lab. The firm is recognized for powering its U.S. offices with 100% renewable energy as certified by the Center for Resource Solutions Green-e® Energy program and is a member of the U.S. EPA’s Green Power Partnership Program. The firm is known for its philanthropic giving, innovation, diversity, and pro bono. Web: www.gtlaw.com.