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DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC.

No. 90-55397.

951 F.2d 1128 (1991)

William DAUBERT; Joyce Daubert, individually and as Guardians Ad Litem for Jason Daubert, a minor; Anita De Young, individually, and As Guardian Ad Litem for Eric Schuller, Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1991.

Attorney(s) appearing for the Case

Mary F. Gillick, Luce, Forward, Hamilton & Scripps, San Diego, Cal., Barry Nace, Paulson, Nace, Norwind & Sellinger, Washington, D.C., for plaintiffs-appellants.

Robert L. Dickson, George E. Berry, Hall R. Marston and Pamela J. Yates, Dickson, Carlson & Campillo, Santa Monica, Cal., for defendant-appellee.

Jeffrey Robert White, Washington, D.C., for amicus curiae.

Before KOZINSKI and O'SCANNLAIN, Circuit Judges, and McNAMEE, District Judge.

KOZINSKI, Circuit Judge.

Plaintiffs Jason Daubert and Eric Schuller suffer from limb reduction birth defects. They allege that these defects resulted from the fact that their mothers used Bendectin, a prescription anti-nausea drug, during pregnancy. The plaintiffs seek damages from the drug's manufacturer, defendant Merrell Dow Pharmaceuticals.

Plaintiffs' evidence of causation consisted primarily of expert opinion based on in vitro and in vivo<...

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