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DAUBERT – Appellant
Versus
MERRELL DOW PHARMACEUTICALS, INC. , (1993) – Respondent


United States Supreme Court
DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC., (1993)
No. 92-102
Argued: March 30, 1993 Decided: June 28, 1993

Petitioners, two minor children and their parents, alleged in their suit against respondent that the childrens serious birth defects had been caused by the mothers prenatal ingestion of Bendectin, a prescription drug marketed by respondent. The District Court granted respondent summary judgment based on a well-credentialed experts affidavit concluding, upon reviewing the extensive published scientific literature on the subject, that maternal use of Bendectin has not been shown to be a risk factor for human birth defects. Although petitioners had responded with the testimony of eight other well-credentialed experts, who based their conclusion that Bendectin can cause birth defects on animal studies, chemical structure analyses, and the unpublished "reanalysis" of previously published human statistical studies, the court determined that this evidence did not meet the applicable "general acceptance" standard for the admission of expert testimony. The Court of Appeals agreed and affirmed, citing Frye v. United States, 54 App. D.C. 4









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