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Evidence Keyed to Allen
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Citation:509 U.S. 579 (1993)
ProfessorMelissa A. Hale
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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. Respondent contends that Bendectin does not cause birth defects in humans and that petitioners were would be unable to come forward with any admissible evidence that it does. In support of its motion, respondent submitted an affidavit of Steven H. Lamm, physician and epidemiologist, who is a well-credentialed expert on the risks from exposure to various chemical substances. Doctor Lamm reviewed all the literature on Bendectin and human birth defects and concluded that maternal use of Bendectin has not been shown to be a risk factor for human birth defects.
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