From retired Third Circuit Judge Thomas Vanaskie (who had also served on the Middle District of Pennsylvania), and who was serving as a court-appointed Special Master in In re: Valsartan Losartan, and Irbesartan Products Liability Litigation; the decision was handed down Sept. 3, but just came up on one of my searches:
Dr. Sawyer's citation to non-existent sources due to his use of an artificial intelligence tool without adequate verification of the sources generated by the artificial intelligence tool, while perhaps warranting an award of costs in favor the defense and permitting cross examination of Dr. Sawyer during the trial on his failure to verify the sources cited in his report, does not warrant exclusion of his opinions as they are otherwise the product of reliable scientific methodology and are supported by "good grounds," especially given "the liberal thrust of the Federal Rules of Evidence, the flexible nature of the Daubert inquiry, and the proper roles of the judge and jury in evaluating the ultimate credibility of an expert's opinion" ….
This was appealed to District Judge Renée Marie Bumb, who decided that the appeal was moot in light of her opinion granting summary judgment to defendant in this case, but "Defendants have preserved their position should Dr. Sawyer's testimony be presented in another action in this [Multi-District Litigation]." Here's an excerpt of the plaintiff's argument in favor of not excluding the expert opinion:
