Showing results 1-3 of 3.

  Hollander v. Sandoz Pharmaceuticals Corp. - 10th Circuit

Decided: 5/10/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed

See generally Mark Hansen, "When Expert Testimony Fails the Test: District Courts Disagree on what Defines Causation Evidence in Drug Disability Cases," 88 ABA Journal 22 (Jan.2002) (stating that "[an] Alabama magistrate's decision brought to eight the number of products liability suits over Parlodel that have survived a so-called Daubert challenge to the admissibility of the plaintiffs' causation evidence [b]ut [an] Illinois judge's ruling — tantamount to an order of summary judgment for the defense — marked the seventh trial or appellate decision to exclude such evidence"). ... See generally Federal Judicial Center, Reference Manual on Scientific Evidence 27 (2d ed.2000) (observing that, in light of the abuse of discretion standard of review for Daubert determinations of reliability, "in theory judges are free to select different procedures and apply different factors to a particular expert or type of expertise than their colleagues do in the same district or circuit" and that "[a]s a consequence, similar cases could be resolved differently on the basis of inconsistent determinations 1207*1207 about admissibility");

Cited 101 times
Medical terminology Cardiovascular physiology Medical emergencies Dopamine agonists Aging-associated diseases 

  Johnson v. Arkema, Inc. - 5th Circuit

Decided: 6/20/2012
District Court Decision: Excluded, Excluded In Part
Appellate Court Decision: Affirmed

With regard to the reliability of an expert's causation opinion under Daubert, the Curtis court found that "a temporal connection is entitled to greater weight when there is an established scientific connection between exposure and illness or other circumstantial evidence supporting the causal link." ... In conducting our review, "[w]e are mindful that under Daubert and Fed.R.Evid. 702, a district court has broad discretion to determine whether a body of evidence relied upon by an expert 459*459 is sufficient to support that expert's opinion."

Cited 89 times
Medical terminology Respiratory diseases Symptoms and signs: Respiratory system Lung disorders Abnormal respiration 

  Wells v. SmithKline Beecham Corp. - 5th Circuit

Decided: 3/22/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The company moved for summary judgment, arguing: (1) that the expert opinions did not meet Daubert's admissibility requirements; or, alternatively, (2) that the lack of scientifically reliable data supporting general causation precluded recovery under Texas law. ... And the bases for the experts' conclusions pass none of the applicable Daubert tests: that Requip causes problem gambling is not generally accepted, has not been subjected to peer review and publication,[29] and is not 381*381 backed by studies meeting requisite scientific standards.[30]

Cited 22 times
Dopamine agonists Rheumatology Habit and impulse disorders Psychiatric diagnosis