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MILLER v. PFIZER, INC.

No. 02-3092.

356 F.3d 1326 (2004)

Mark MILLER, individually and as administrator of the estate of Matthew Miller, deceased; Cheryl Miller, individually, Plaintiffs-Appellants, v. PFIZER, INC., Roerig Division, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

Arnold Anderson Vickery, Houston, TX (James E. Fitzgerald, Cheyenne, WY, and Earl Landers Vickery, Austin, TX, with him on the briefs), for Plaintiffs-Appellants.

Malcolm E. Wheeler (James E. Hooper, Amy L. Padden and Craig R. May, with him on the brief), of Wheeler Trigg & Kennedy, P.C., Denver, CO, for Defendant-Appellee.

Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Matthew Miller died at the age of thirteen, one week after beginning to take sertraline, an antidepressant drug marketed as "Zoloft." His parents sued Pfizer, the manufacturer of Zoloft, for wrongful death, claiming that Zoloft caused Matthew to commit suicide.

The Millers hired Dr. David Healy, who proposed to testify that Zoloft may cause suicide and had in fact caused Matthew to commit suicide. Applying standards outlined in Daubert...

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