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  Daubert v. Merrell Dow Pharmaceuticals, Inc. - 9th Circuit

Decided: 1/4/1995
District Court Decision: Excluded
Appellate Court Decision: Affirmed

As we read the Supreme Court's teaching in Daubert, therefore, though we are largely untrained in science and certainly no match for any of the witnesses whose testimony we are reviewing, it is our responsibility to determine whether those experts' proposed testimony amounts to "scientific knowledge," constitutes "good science," and was "derived by the scientific method." ... Plaintiffs submitted their experts' affidavits while Frye was the law of the circuit and, although they've not requested an opportunity to augment their experts' affidavits in light of Daubert, the interests of justice would be disserved by precluding plaintiffs from doing so.

Cited 580 times
Radiation health effects Fertility Reproduction in mammals 


Decided: 9/16/2002

Personal contact is vital to any question of informed consent, for it allows the medical expert the best opportunity to observe the verbal and nonverbal behavior of the patient by focusing on her reactions and responses to questions, her facial expressions, attitude, tone of voice, eye contact, posture and body movements, confused or nervous speech patterns and countless other factors that are indiscernible by telephone but may reveal incongruities between what the patient says and what she actually feels or believes. ... A party proffering expert testimony must always establish that it is reliable and relevant to an understanding of the issue before the court, Clark v. Takata Corp., 192 F.3d 750, 759 n. 5 (7th Cir.1999), and JAMA's peer review policy is no guarantee of reliability.

Cited 5 times
Family law Regression analysis Fertility Medical equipment Sexual health 

  Planned Parenthood Minnesota, ND, SD v. Rounds - 8th Circuit

Decided: 7/24/2012

If, as the majority points out, "the standard medical practice ... is to recognize a strongly correlated adverse outcome as a `risk' while further studies are conducted to clarify whether various underlying factors play causal roles," ante at 899 (emphasis omitted), must not research conducted by experts in the field after the district court's decision be considered as corroboration of its findings and conclusions? ... The only evidence in the record pertaining to ACOG's position is a second-hand reference in a 2005 report by the State's expert, Dr. Elizabeth M. Shadigian, that quoted two sentences from a single ACOG Practice Bulletin: "Long-term risks sometimes attributed to surgical abortion include potential effects on... psychological sequelae.

Cited 0 times
Birth control Fertility Stress Psychiatric diagnosis Psychopathology