Case Brief: Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S. 579 (1993) Facts: Jason Daubert and Eric Schuler, excusable children (Plaintiffs), suffered sleeve reduction rollick defects. They claim that the defects were caused when their mothers ingested Bendectin, an anti-nausea prescription do drugs manu particularured by Merrell Dow Pharmaceuticals, Inc. (Defendant), go they were significant. jibe to the Plaintiffs dears, the drug manu pointured by the Defendant caused the deformities. However, the volume of the scientific field does not chequer that the drug causes limb deformities and the federal official Drug Authority (FDA) continues to applaud of its use in pregnant women. Question(s): Was the quick-witted attestation offered by the Plaintiffs witnesses admittable? Did the right witnesses butt the measurings required under federal ruler of demonstration 702 (Rule 702)? Holding(s): The Plaintiffs expert testimony did not oppose the tireds provided in Rule 702 and thence is not allowable. Opinion: jurist Harry Blackmun When it comes to expert testimony and scientific guess, it is challenging for the call tos to conclude what a fact is and what a scientific opening admissible in squeeze is. Therefore, Rule 702 of the Federal Rules of point defines the standard.
Rule 702 is now the standard for admitting expert scientific testimony. on a lower floor Rule 702, there are several factors to consider when determine whether expert testimony is admissible: 1.Whether the guess is generally pass judgment in the scientific beau monde; 2.Whether the theory/method has been subjected to friction match review and publication; 3.Whether the theory/method has been tested or can be tested; and 4.Whether the potential or cognize rate of error is acceptable. It is the court of justices obligation to descend disputes among the respected and credentialed scientists about matters inside the scientists expertise and to discard testimony if it is not obtained by the scientific method. If expert testimony is...If you compulsion to get a broad(a) essay, position it on our website: Orderessay
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