8th Circuit decides N.D. case Wednesday, August 16, 2023

The Eighth Circuit Court held that it acknowledges Plaintiff’s concerns—the district court’s supplemental comments were ill-advised. Nevertheless, the district court emphasized that it was the jury’s choice to determine the “measure of weight” and the importance of the label. And the court instructed the jury that manufacturer information was “competent evidence” to consider “in determining whether each medical professional met the standard of care in this case.” On the whole, it was made clear to the jury that all factual questions—including the import of the Bactrim label to Plaintiff’s case—were to be resolved by them. The court concluded, after considering “the complete charge to the jury,” that the district court did not abuse its discretion.