Criminal Justice

Case Brief: Daubert v. Merrell Dow Pharmaceuticals
(92-102), 509 U.S. 579 (1993)
Facts:
Jason Daubert and Eric Schuler, minor children (Plaintiffs), suffered sleeve reduction feature defects. They claim that the defects were caused when their mothers ingested Bendectin, an anti-nausea prescription drug manu particularured by Merrell Dow Pharmaceuticals, Inc. (Defendant), go they were pregnant. According to the Plaintiffs dears, the drug manufactured by the Defendant caused the deformities. However, the volume of the scientific field does not agree that the drug causes limb deformities and the Federal Drug Authority (FDA) continues to approve of its use in pregnant women.
Question(s):
Was the quick-witted testimony offered by the Plaintiffs witnesses admittable? Did the expert witnesses meet the measurings required under Federal ruler of demonstration 702 (Rule 702)?
Holding(s):
The Plaintiffs expert testimony did not meet the standards provided in Rule 702 and therefore is not admissible.

Opinion: Justice Harry Blackmun
When it comes to expert testimony and scientific guess, it is challenging for the speak tos to conclude what a fact is and what a scientific theory admissible in coquette is. Therefore, Rule 702 of the Federal Rules of Evidence defines the standard.




Rule 702 is now the standard for admitting expert scientific testimony. Under Rule 702, there are several factors to consider when determining whether expert testimony is admissible:
1.Whether the theory is generally accepted in the scientific companionship;
2.Whether the theory/method has been subjected to peer review and publication;
3.Whether the theory/method has been tested or can be tested; and
4.Whether the potential or known rate of error is acceptable.
It is the courts obligation to resolve disputes among the respected and credentialed scientists about matters within the scientists expertise and to discard testimony if it is not obtained by the scientific method.
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