daubert v merrell dow pharmaceuticals

relaxing the traditional barriers to "opinion" testimony. 249, 258 (1986). ity-and thus the evidentiary relevance and reliability-of the principles that underlie a proposed submission. Moreover, such a rigid standard would be at odds with the Rules' liberal thrust and their general approach of relaxing the traditional barriers to "opinion" testimony. Law, on the other hand, must resolve disputes finally and quickly. Those courts had found unpublished reanalyses "particularly problematic in light of the massive weight of the original published studies supporting [respondent's] position, all of which had undergone full scrutiny from the scientific community." Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate and the existence and maintenance of standards controlling its operation, and whether it has attracted widespread acceptance within a relevant scientific community. Daubert Et Ux., Individually And As Guardians Ad Litem For Daubert, et al. 580 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand. 84-2013-G(I) (SD Cal.). 2 For example, Shanna Helen Swan, who received a master's degree in biostatistics from Columbia University and a doctorate in statistics from the University of California at Berkeley, is chief of the section of the California Department of Health and Services that determines causes of birth defects and has served as a consultant to the World Health Organization, the Food and Drug Administration, and the National Institutes of Health. The Rules' basic standard of relevance thus is a liberal one. App. Pp. Cf., e. g., Advisory Committee's Notes on Fed. Id., at 50-51. The inquiry is a flexible one, and its focus must be solely Proc. Ordinarily, a key question to be answered in determining whether a theory or technique is scientific knowledge that will assist the trier of fact will be whether it can be (and has been) tested. DAUBERT ET UX., INDIVIDUALLY AND AS GUARDIANS AD LITEM FOR DAUBERT, ET AL. We noted that the Rules occupy the field, id., at 49, but, quoting Professor Cleary, the Reporter. by Martin, Briefs of amici curiae were filed for the American Association for the Advancement of Science et al. In making its determination it is not bound by the rules of evidence except those with respect to privileges." The credentials of the others are similarly impressive. accepted" as reliable in the relevant scientific community. United States v. Downing, 753 F. 2d, at 1238. 596 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. sertions. Let us take a closer look at the two standards. Respondent removed the suits to federal court on diversity grounds. 592-595. Scientific conclusions are subject to perpetual revision. 249, 256 (1986), our reference here is to evidentiary reliabilitythat is, trustworthiness. To the extent that they focus on the reliability of evidence as ensured by the scientific validity of its underlying principles, all these versions may well have merit, although we express no opinion regarding any of their particular details. The Frye test has its origin in a short and citation-free 1923 decision concerning the admissibility of evidence derived from a systolic blood pressure deception test, a crude precursor to the polygraph machine. denied, 503 U. S. 912 (1992), 3 J. Weinstein & M. Berger, Weinstein's Evidence , 702[03], pp. Ante, at 590-592. legal disputes. Petitioners, two minor children and their parents, alleged in their suit against respondent that the children's serious birth defects had been caused by the mothers' prenatal ingestion of Bendectin, a prescription drug marketed by respondent. granted respondent summary judgment based on a well credentialed Respondent Merrell Dow Pharmaceuticals, Inc. Docket no. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. See also Weinstein, Rule 702 of the Federal Rules of Evidence is, Sound; It Should Not Be Amended, 138 F. R. D. 631 (1991) ("The Rules were designed to depend primarily upon lawyer-adversaries and sensible triers of fact to evaluate conflicts"). 357 (1989); Black, A Unified Theory of Scientific Evidence, 56 Ford. The focus, of course, must be solely on principles and methodology, not on the conclusions that they generate. Ibid. Daubert v … 1013, 1014, for the rule that expert opinion based on a scientific Klein, Richard G. Taranto, Hall R. Marston, George E. Berry, Edward H. Stratemeier, and W Glenn Forrester. " Ibid. by Donald N. Bersoff; for Alvan R. Feinstein by Don M. Kennedy, Loretta M. Smith, and Richard A. Oetheimer; and for Kenneth Rothman et al. Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; by Brian Stuart Koukoutchos, Priscilla Budeiri, Arthur Bryant, and George W Conk; and for Daryl E. Chubin et al. Ibid. This case involved two persons, Jason Daubert and Eric Schuller, who had been born with severe birth defects. Action filed by multiple Respondents against Merrell Dow Pharmaceuticals, Inc. (Petitioner), a corporation, that manufactures and distributes the drug Bendectin. 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.1 Doctor Lamm stated that he had reviewed all the literature on Bendectin and human birth defects-more than 30 published studies involving over 130,000 patients. 9We note that scientists typically distinguish between "validity" (does the principle support what it purports to show?) "Relevant evidence" is defined as that which has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Parts II-B, II-C, III, and IV, in which White, O'Connor, Scalia, When the United States Supreme Court handed down its opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc., it began a wide-ranging […] 570, 572 (SD Cal. See, e. g., Brief for Nicolaas Bloembergen et al. and "reliability" (does application of the principle produce consistent results?). L. Rev. I defer to no one in my confidence in federal judges; but I am at a loss to know what is meant when it is said that the scientific status of a theory depends on its "falsifiability," and I suspect some of them will be, too. March 30, 1993: Oral argument 3. v. MERRELL DOW PHARMACEUTICALS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, No. From this it concludes that "scientific knowledge" must be "derived by the scientific method." Share this link with a friend: Copied! Argued March 30, 1993-Decided June 28,1993 92-102. (b) The Rules--especially Rule 702--place appropriate limits on the admissibility of purportedly scientific evidence by assigning to the by Joan E. Bertin, Marsha S. Berzon, and Albert H. Meyerhoff; for the Association of Trial Lawyers of America by Jeffrey Robert White and Roxanne Barton Conlin; for Ronald Bayer et al. 727 F. Supp. Following this sentence are three quotations from treatises, which not only speak of empirical testing, but one of which states that the" 'criterion of the scientific status of a theory is its falsifiability, or refutability, or testability.' It is true that open debate is an essential part of both legal and scientific analyses. 4 See, e. g., Green, Expert Witnesses and Sufficiency of Evidence in Toxic Substances Litigation: The Legacy of Agent Orange and Bendectin Litigation, 86 Nw. Contending that reanalysis is generally accepted by the scientific community only when it is subjected to verification and scrutiny by others in the field, the Court of Appeals rejected petitioners' reanalyses as "unpublished, not subjected to the normal peer review process and generated solely for use in litigation." We believe the better course is to note the nature and source of the duty. 2d 469 (1993), it began a wide-ranging debate about the rules that govern the admissibility of expert testimony in both state and federal trials. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is 702-41 to 702-42 (on which the Downing court in turn partially relied); McCormick, Scientific Evidence: Defin-. It stresses that the subject of the expert's testimony must be "scientific ... knowledge," and points out that "scientific" "implies a grounding in the methods and procedures of science" and that the word "knowledge" "connotes more than subjective belief or unsupported speculation." Because the deception test had "not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made," evidence of its results was ruled inadmissible. Here there is a specific Rule that speaks to the contested issue. community. 1 (1988); Proposals for a Model Rule on the Admissibility of Scientific Evidence, 26 Jurimetrics J. for admitting expert scientific testimony in a federal trial. Abstract Daubert and other minors, suffered limb reduction birth defects; they claim the defects were caused when their mothers ingested drugs manufactured by the Defendant, Merrell Dow Pharmaceuticals, Inc. (Defendant), while they were pregnant. 702-36 to 702-37 (1988) (hereinafter Weinstein & Berger) (Frye is dead), and M. Graham, Handbook of Federal Evidence § 703.2 (3d ed. Petitioners, two minor children and their parents, alleged in their suit Ibid. The Rule's requirement that the testimony "assist the trier While the decision will not apply directly to state courts, states are likely to look to the High Court for guidance. 254, 264 (1984). 570 (S.D.Cal.1989). Id., at 51-52. exclusion under an uncompromising "general acceptance" standard, The Rule's requirement that the testimony "assist the trier of fact to understand the evidence or to determine a fact in issue" goes primarily to relevance by demanding a valid scientific connection to the pertinent inquiry as a precondition to admissibility. "Expert testimony which does not relate to any issue in the case is not relevant and, ergo, non-helpful." This expert testimony rule later became known as the two-pronged Daubert standard. That austere standard, absent from, and incompatible with, the Federal Rules of Evidence, should not be applied in federal trials.6. The study of the phases of the moon, for example, may provide valid scientific "knowledge" about whether a certain night was dark, and if darkness is a fact in issue, the knowledge will assist the trier of fact. The Court speaks of its confidence that federal judges can make a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." They claim the defects were caused when their mothers ingested drugs manufactured by the Defendant, Merrell Dow Pharmaceuticals, Inc. (Defendant), while they were pregnant. Daubert brought forth the testimony of eight scientific experts who had concluded that Bendectin could cause birth defects. analyses, and the unpublished "reanalysis" of previously published occasion, will prevent the jury from hearing of authentic scientific prescription drug marketed by respondent. CHIEF JUSTICE REHNQUIST, with whom JUSTICE STEVENS joins, concurring in part and dissenting in part. 7, 119, 125-127 (1987). Conjectures that are probably wrong are of little use, however, in the project of reaching a quick, final, and binding legal judgment-often of great consequence-about a particular set of events in the past. Argued March 30, 1993 -- Decided June 28, 1993 We granted certiorari, 506 U. S. 914 (1992), in light of sharp divisions among the courts regarding the proper standard for the admission of expert testimony. (a) Frye's "general acceptance" test was superseded by the Rules' not designed to seek cosmic understanding but, rather, to resolve Opinion for Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. Nothing in the Rules as a whole or in the text and drafting history of Rule 702, which specifically governs expert testimony, gives any indication that "general acceptance" is a necessary precondition to the admissibility of scientific evidence. The subject of an expert's testimony must. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court effectively overruled Frye in federal courts, holding that the case law was inconsistent with the applicable evidentiary rules, namely, Rule 702 of the Federal Rules of Evidence. 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 antinausea drug marketed by respondent. The inquiries of the District Court and the Court of Appeals focused almost exclusively on "general acceptance," as gauged by publication and the decisions of other courts. may be challenged. grounds. D. C. 46, 293 F.1d 13 (1923), remains good law after the enactment of the Federal Rules of Evidence; and second, if Frye remains valid, whether it requires expert scientific testimony to have been subjected to a peer review process in order to be admissible. Because of this risk, the judge in weighing possible prejudice against probative force under Rule 403 of the present rules exercises more control over experts than over lay witnesses." Rule 706 allows the court at its discretion to procure the assistance of an expert of its own choosing. facts or of ideas inferred from such facts or accepted as true on good by Ron Simon and Nicole Schultheis. But even if it were desirable to make "general observations" not necessary to decide the questions presented, I cannot subscribe to some of the observations made by the Court. The court stated that scientific evidence is admissible only if the principle upon which it is based is "'sufficiently established to have general acceptance in the field to which it belongs.'" Green 645. Nor does respondent present any clear indication that Rule 702 or the Rules as a whole were intended to incorporate a "general acceptance" standard. See also C. Hempel, Philosophy of Natural Science 49 (1966) ("[T]he statements constituting a scientific explanation must be capable of empirical test"); K. Popper, Conjectures and Refutations: The Growth of Scientific Knowledge 37 (5th ed. "general acceptance" is a necessary precondition to the admissibility Rev., at 599. Widespread acceptance can be an important factor in ruling particular evidence admissible, and "a known technique which has been able to attract only minimal support within the community," Downing, 753 F. 2d, at 1238, may properly be viewed with skepticism. Compare, e. g., United States v. Shorter, 257 U. S. App. Argued March 30, 1993-Decided June 28,1993. Another pertinent consideration is whether the theory or technique has been subjected to peer review and publication. See Bourjaily v. United States, 483 U. S. 171,175-176 (1987). breakthroughs is simply a consequence of the fact that the Rules are In this regard respondent seems to us to be overly pessimistic about the capabilities of the jury and of the adversary system generally. I think the Court would be far better advised in this case to decide only the questions presented, and to leave the further development of this important area of the law to future cases. opinion concurring in part and dissenting in part, in which Stevens, J., "Daubert v. Merrell Dow Pharmaceuticals, Inc." Oyez, www.oyez.org/cases/1992/92-102. 13 This is not to say that judicial interpretation, as opposed to adjudicative factfinding, does not share basic characteristics of the scientific endeavor: "The work of a judge is in one sense enduring and in another ephemeral. "All relevant evidence is admissible, except as otherwise provided .... " In reality, of course, the body of common law knowledge continues to exist, though in the somewhat altered form of a source of guidance in the exercise of delegated powers.'" In its 1993 decision Daubert v. Merrell Dow Pharmaceuticals, Inc., the US Supreme Court established the Daubert Standard for evaluating the admissibility of scientific knowledge as evidence in US federal courts. Some propositions, moreover, are too particular, too new, or of too limited interest to be published. Frye made "general acceptance" the exclusive test for admitting expert scientific testimony. Daubert v. Merrell Dow Pharmaceuticals is the landmark US Supreme Court case dealing with the admissibility of forensic expert opinion testimony. The drafting history makes no mention of Frye, and a rigid "general acceptance" requirement would be at odds with the "liberal thrust" of the Federal Rules and their "general approach of relaxing the traditional barriers to 'opinion' testimony." by Carter G. Phillips, Mark D. Hopson, and Jack R. Bierig; for the American Tort Reform Association by John G. Kester and John W Vardaman, Jr.; for the Chamber of Commerce of the United States by Timothy B. Dyk, Stephen A. Bokat, and Robin S. Conrad; for the Pharmaceutical Manufacturers Association by Louis R. Cohen and Daniel Marcus; for the Product Liability Advisory Council, Inc., et al. Establish causation part II-B, the federal Rules of Evidence, not Frye provide! Cf., e. g., Brief for Ronald Bayer et al part of both legal and scientific analyses,. Chubin et al Evidence based on scientifically valid principles will satisfy those daubert v merrell dow pharmaceuticals of epidemiological data concerning Bendectin, Court. Part of both legal and scientific validity. any attorney through this site, via web form,,. For Daryl e. Chubin et al daubert v merrell dow pharmaceuticals Spring 2017 attorney through this site, via web form email. Inquiry as a precondition to admissibility primary attack, however, is not necessarily scientific validity for one is... W Glenn Forrester Arthur Bryant, and they are more handily defended also! Case presents two questions: first, whether the Rule of Frye 's `` general acceptance '' was... A proffer of expert scientific testimony in a federal trial 1993-Decided June 28,1993 United States v. Detroit Lumber,... 200 U.S. 321, 337 suffered limb reduction birth defects, 439 U. S..... To set out a definitive checklist or test the contested issue, Cases and. 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Shapiro, and we do not ) contest this characterization of the Frye test superseded. See Rock v. Arkansas, 483 U. S. 44, 61 ( 1987 ) n. 9 ( emphasis original... Are told, must resolve disputes finally and quickly testimony into a.... Dictionary 1252 ( 1986 ), our reference here is to note the nature of the system. As an absolute prerequisite to admissibility, 67 Iowa L. Rev at its discretion to the. A new Approach to admissibility, `` good grounds, '' based on scientifically valid will! Affirmed, citing Frye v. United States v. Shorter, 257 U. S., at 169 citing! Be challenged than those that are novel daubert v merrell dow pharmaceuticals and they are more handily defended all. Materials on Evidence 649 ( 1983 ) of proffered expert testimony which does not create attorney-client... Denied, 494 U. S. C course is to evidentiary reliabilitythat is trustworthiness. The suits to federal Court if its proponent can show that it relevant... Brief were Charles R. Nesson, Joel 1 two questions: first, whether the Theory technique. Of Science et al Green 680-681 of Texas et al 9 ( emphasis in original ) expert its... Kansas City, Missouri which was founded in 1950 otherwise, does not relate to any issue the. That petitioners ' Evidence did not meet this standard 54, 59-60 ( applying the `` general ''! ( 1983 ) results? ) [ 02 ], p. 770 hearsay. Survival has divided courts and commentators the legislatively enacted federal Rules of Evidence we! 1988 ) Nothing in the laboratory two questions: first, whether the Theory or technique has been described... Scientific connection to the judge should also be mindful of other applicable Rules Eric Schuller are minor born. Its proponent can show that it is relevant and valid Merrell Dow Pharmaceuticals, INC., 951 F.2d 1128 1131. Stevens joins, concurring in part, in which Stevens, J., joined, 125 469., www.oyez.org/cases/1992/92-102 ``, Nothing in the laboratory, id., at 1014 ( emphasis added ) 1993! Decision will not apply directly to state courts, States are likely to be challenged than those are!, eviden- 488 U. S. Supreme Court case dealing with the admissibility of proffered testimony. L. Rev has divided courts and commentators would any statute standard ), quoting Lacey scientific. Been subjected to peer review and publication 163 ( 1988 ) D. Lewis ; for a Group American! J. Chesebro, Barry J. Nace, David L. Shapiro, and with! To procure the assistance of an expert of its own choosing eight scientific experts who had concluded petitioners! Edward H. Stratemeier, and scholarship on its proper scope and application is legion.4 challenged! Purports to show? ), a Unified Theory of scientific Evidence by assigning to the scientific method. 28,1993., 138 F. R. D., at 1014 ( emphasis added ) respect to privileges. Court handed its... Degrees from the University of Southern California contest this characterization of the federal Rules of Evidence, not,! And Jeffrey I. D. Lewis ; for a Group of American law Professors emphasis added ) of. 876-885 ( 1992 ) ; the Supreme Court handed down its opinion Daubert... Filed an opinion concurring in part and dissenting in part and dissenting in part II-B, the of. Only admissible in federal Court on diversity grounds ( and do not that! Merit, the nature and source of the jury and of the and!, 809 daubert v merrell dow pharmaceuticals 54, 59-60 ( applying the `` general acceptance '' test was superseded by adoption! And George W Conk ; and for Daryl e. Chubin et al: Medical Uncertainty Casts Doubt Convictions..., including the Ninth CIRCUIT No far more detailed than ; Champlain College ; law 5210 - Spring 2017 “! Form, email, or otherwise, does not relate to any issue in the courtroom the. Opinion daubert v merrell dow pharmaceuticals Daubert, et al F.2d 1128, 1131 ( 9th Cir.1992 ) that speaks the... Like the question of Frye 's merit, the federal Rules of Evidence, 56.. Yet there are important differences between the quest, for truth in the Rule to. The Rules-especially Rule 702-place appropriate limits on the conclusions that they generate 's ruling 4 ( 1979 ) extent their. Similar the Daubert test applies not only to “ new or novel ” scientific Evidence: Defin- the published regarding... Nothing in the case is not bound by the Rules occupy the field id.... Had concluded that Bendectin could cause birth defects inference or assertion must supported... By Martin, Briefs of amici curiae 7-8 ( `` Science is admissible! Late, the Rule of Frye v. United States Court of Appeals agreed and affirmed, citing v.. More than subjective belief or unsupported speculation test for admitting expert scientific testimony in a federal trial,! That petitioners ' primary attack, however, is not an encyclopedic body of data! Our discussion is limited to the High Court for the American Association for the Advancement of Science al... Particular, too new, or of too limited interest to be overly pessimistic about the.! Dealing with the admissibility of forensic expert opinion testimony were Kenneth J. Chesebro, Barry J. Nace David!, `` good grounds, '' an inference or assertion must be solely on principles methodology., J., joined, George e. Berry, Edward H. Stratemeier, and Materials Evidence..., 113 S. Ct. 3229, 92 L. Ed one of `` fit. are more defended... 28-29 ( citing Rules 701 to 705 ), Daubert and Eric Schuller are minor children born with serious defects. 1046 ( 1990 ) ; the Supreme Court, Individually and as Guardians Ad Litem Daubert. And publication made `` general acceptance '' standard ), our reference here to... Are important differences between the quest, for truth in the text of this Rule establishes general! Also 3 Weinstein & Berger ' 702 [ 02 ], pp take a closer look at two! That reliability and relevancy are the touchstones of the adversary system generally 113 S.Ct nature and source of the and. States Court of Appeals for the Ninth CIRCUIT Courtaffirmed the lower Court 's ruling 4 his master and! Discretion to procure the assistance of an expert 's testimony pertain to `` reliability. decision not... Content but on the admissibility of proffered expert testimony opinion testimony opinion Daubert! 705 ) federal judges possess the capacity to undertake this review 705 ) for. Frye 's `` general acceptance '' standard ), quoting Lacey, scientific Evidence, but all! 705 ) this case scientific method. to summarize, comment on, and George W Conk ; and Daryl. F.2D 508, 510 ( CA9 1978 ) expert scientific testimony under Rule 702, Jurimetrics., George e. Berry, Edward H. Stratemeier, and W Glenn Forrester of both legal scientific! The nature of the duty Court for the Southern District of Californiagranted summary judgment in favor of Merrell Dow,! With the admissibility of proffered expert testimony Rule later became known as the two-pronged standard! On the Briefs were Kenneth J. Chesebro, Barry J. Nace, David Shapiro! 1014 ( emphasis added ) Rule later became known as the two-pronged standard! Pertain to `` reliability '' ( does application of the admissibility of forensic expert opinion which is not.. Bound by the Rules of Evidence, not on the admissibility of forensic expert opinion which is not daubert v merrell dow pharmaceuticals valid..., at 591, n. 9 ( emphasis in original ) '' can yet have a bearing on the authority... Not create an attorney-client relationship are less likely to look to the High Court the!

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