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Evidence Keyed to Park
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Citation:
509 U.S. 579 (1993)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Petitioners Jason Daubert and Eric Schuller are minor children born with serious birth defects. They and their parents sued respondent in California state court, alleging that the birth defects had been caused by the mothers’ ingestion of Bendectin, a prescription anti-nausea drug marketed by respondent. After extensive discovery, respondent moved for summary judgment, contending that Bendectin does not cause birth defects in humans and that petitioners would be unable to come forward with any admissible evidence that it does. Respondent submitted an affidavit of Steven H. Lamm, a physician and epidemiologist, who is a well-credentialed expert on the risks from exposure to chemical substances. Doctor Lamm concluded based on his review that maternal use of Bendectin has not been shown to be a risk factor for human birth defects.
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