Showing results 1-10 of 80.

Cases that cite: In re Breast Implant Litigation

  Allison v. McGhan Medical Corp. - 11th Circuit

Decided: 8/18/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

While meticulous Daubert inquiries may bring judges under criticism for donning white coats and making determinations that are outside their field of expertise, the Supreme Court has obviously deemed this less objectionable than dumping a barrage of questionable scientific evidence on a jury, who would likely be even less equipped than the judge to make reliability and relevance determinations and more likely than the judge to be awestruck by the expert's mystique. ... Some judges, noting the general complexity of some expert evidence and in the penultimate exercise of caution and conscience, have exercised their inherent authority to use outside experts and have engaged in elaborate Daubert inquiries in 1311*1311 an effort to sort out conflicting scientific opinions in a comprehensive search for reliability and relevance.

Cited 419 times
Rheumatology Autoimmune diseases Implants (medicine) Anatomical pathology Medical terminology 

  Ralston v. Smith & Nephew Richards, Inc. - 10th Circuit

Decided: 12/26/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

In so ruling, the district court excluded Dr. Templeton's testimony under Fed.R.Evid. 702 on the grounds that she was unqualified to render an opinion on the subject-matter of Ralston's theory, and because her opinions were not reliable under the principles set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... Thus, the district court's determination that Dr. Templeton did not possess the requisite qualifications to render an expert opinion concerning the adequacy of the warnings with respect to the MultiHole Nail was not "`arbitrary, capricious, whimsical, or manifestly unreasonable'" so as to constitute an abuse of discretion.

Cited 169 times
Medical specialties Bone fractures Skeletal system Medical terminology Medical doctors by specialty 

  Norris v. Baxter Healthcare Corp. - 10th Circuit

Decided: 2/8/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

After conducting a Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), inquiry[2], the district court excluded both experts because they were unreliable. ... Although "[t]rained experts commonly extrapolate from existing data," neither Daubert nor the Federal Rules of Evidence "require[] a district court to admit opinion evidence which is connected to existing data only by the ipse dixit of the expert."

Cited 128 times
Medical terminology Rheumatology Autoimmune diseases Accounting terminology Breast surgery 

  McDowell v. Brown - 11th Circuit

Decided: 12/8/2004
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Daubert's reliability prong sets out four guideposts that a district court may consider in assessing the reliability of the expert testimony, which include, but are not limited to: (1) whether the expert's methodology has been tested or is capable of being tested; (2) whether the technique has been subjected to peer review and publication; (3) the known and potential error rate of the methodology; and (4) whether the technique has been generally accepted in the proper scientific community. ... Daubert put forth a two-pronged analysis, used to determine the admissibility of the proffered expert testimony on scientific issues under Rule 702.

Cited 108 times
Medical doctors by specialty Medical specialties Spinal cord General surgery Emergency medicine 

  Tamraz v. Lincoln Elec. Co. - 6th Circuit

Decided: 9/8/2010
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

The manufacturers here do not challenge the district court's primary Daubert ruling on Parkinson's Disease testimony, In re Welding Fume Prods. Liab. Litig., No. 03-cv-17000, 2005 WL 1868046, at *22-37 (N.D.Ohio Aug. 8, 2005), and so we do not decide whether other experts may testify that manganese exposure causes Parkinson's Disease. ... Jan Beyea & Daniel Berger, Scientific Misconceptions among Daubert Gatekeepers: The Need for Reform of Expert Review Procedures, 64 LAW & CONTEMP.

Cited 101 times
Neurological disorders Extrapyramidal and movement disorders Midbrain Railway occupations Medical terminology 

  Tamraz v. Lincoln Elec. Co. - 6th Circuit

Decided: 9/8/2010

The manufacturers here do not challenge the district court's primary Daubert ruling on Parkinson's Disease testimony, In re Welding Fume Prods. Liab. Litig., No. 03-cv-17000, 2005 WL 1868046, at *22-37 (N.D.Ohio Aug. 8, 2005), and so we do not decide whether other experts may testify that manganese exposure causes Parkinson's Disease. ... Jan Beyea & Daniel Berger, Scientific Misconceptions among Daubert Gatekeepers: The Need for Reform of Expert Review Procedures, 64 LAW & CONTEMP.

Cited 101 times

  In re Rezulin Products Liability Litigation - 2nd Circuit

Decided: 3/14/2005

In Daubert, the Supreme Court articulated four pertinent factors while leaving open the possibility of others: (1) whether the expert's theory "can be (and has been) tested;" (2) whether the theory "has been subjected to peer review and publication;" (3) the "known or potential rate of error;" and (4) whether the theory has "widespread acceptance."[136] ... Finally, the court found that the expert's novel theory of causation — which the expert admitted was "the product of his own `background experience and reading'"[153] — failed the Daubert test because it had not been tested or subjected to peer review, there was no known error rate, and it was not generally accepted.[154]

Cited 45 times

  Soldo v. Sandoz Pharmaceuticals Corp. - 3rd Circuit

Decided: 1/13/2003

Ruffin v. Shaw Indus., 149 F.3d 294, 297 (4th Cir.1998) (affirming the district court's exclusion of causation testimony where animal studies allegedly showed that the product at issue caused adverse effects in mice, but results could not be replicated); Allen v. Pennsylvania Eng'g Corp., 102 F.3d 194, 195 (5th Cir. 1996) ("Where, as here, no epidemiological study has found a statistically-significant link between EtO exposure and human brain cancer; the results of animal studies are inconclusive at best; and there was no evidence of the level of [plaintiffs] exposure to EtO, the expert testimony does not exhibit the level of reliability necessary to comport with the Federal Rules of Evidence 702 and 703, ... Daubert ... and this court's authorities"); ... Under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), a two-step analysis is used to assess the admissibility of the proffered expert testimony on scientific issues under Rule 702. 527*527 First, the expert testimony must be reliable, so that it must be "scientific," meaning grounded in the methods and procedures of science, and must constitute "knowledge," meaning something more than subjective belief or unsupported speculation.

Cited 41 times

  Meister v. Medical Engineering Corp. - Dist. of Columbia Circuit

Decided: 10/26/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Under Daubert, the district court is required to address two questions, first whether the expert's testimony is based on "scientific knowledge," and second, whether the testimony "will assist the trier of fact to understand or determine a fact in issue." ... The defendants thereafter moved to exclude or limit the testimony of Meister's expert witnesses on causation, pursuant to Daubert and Federal Rules of Evidence 702 and 703.

Cited 39 times
Rheumatology Medical terminology Autoimmune diseases Plate tectonics Mucinoses 

  Siharath v. Sandoz Pharmaceuticals Corp. - 11th Circuit

Decided: 3/1/2001

The Supreme Court in Daubert explained that Federal Rule of Evidence 702 allows the admission of expert testimony only if: (1) the expert is competent and qualified to testify regarding the matters that he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the expert, through scientific, technical or specialized expertise, provides testimony that assists the trier of fact to understand the evidence or determine a fact in issue. ... Defendant contends that Plaintiffs' experts' testimony fails to meet the Daubert standards for admissibility because Plaintiffs' experts (1) have failed to provide any evidence, either published or unpublished, that Parlodel® increases one's risk of stroke; (2) rely on uncontrolled and unreliable spontaneous reports and anecdotal case reports as the basis for their opinions; and (3) cannot show that their opinions have an acceptable error rate or are otherwise generally accepted.

Cited 36 times