Michael H. Gottesman argued the cause for petitioners. Scientific conclusions are subject to perpetual revision. He has served as a consultant in birth-defect epidemiology for the National Center for Health Statistics and has published numerous articles on the magnitude of risk from exposure to various chemical and biological substances. Instead, it represents a process for proposing and refining theoretical explanations about the world that are subject to further testing and refinement" (emphasis in original)). Proposed testimony must be supported by appropriate validation-i. This is particularly unfortunate in a case such as this, where the ultimate legal question depends on an appreciation of one or more bodies of knowledge not judicially noticeable, and subject to different interpretations in the briefs of the parties and their amici. In this regard respondent seems to us to be overly pessimistic about the capabilities of the jury and of the adversary system generally. The Court then states that a "key question" to be answered in deciding whether something is "scientific knowledge" "will be whether it can be (and has been) tested." 2d 469, 1993 U.S. LEXIS 4408 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. and maintenance of standards controlling its operation, and whether ing a New Approach to Admissibility, 67 Iowa L. Rev. They contend that the Frye test was superseded by the adoption of the Federal Rules of Evidence.5 We agree. The Court speaks of its confidence that federal judges can make a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." Thus, the animal-cell studies, live-animal studies, and chemical-structure analyses on which petitioners had relied could not raise by themselves a reasonably disputable jury issue regarding causation. See, e. g., Downing, 753 F. 2d, at 1238-1239 (on which our discussion draws in part); 3 Weinstein & Berger' 702[03], pp. See, e. g., Brief for Nicolaas Bloembergen et al. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Instead, they responded to respondent's motion with the testimony of eight experts of their own, each of whom also possessed impressive credentials.2 These experts had concluded that Bendectin can cause birth defects. Opinion for Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. Jasanoff, S., Law’s Knowledge: Science for Justice in Legal Settings, 95 American Journal of Public Health s49 (2005). by Richard A. Meserve and Bert Black; for the American College of Legal Medicine by Miles J. Zaremski; for the Carnegie Commission on Science, Technology, and Government by Steven G. Gallagher, Elizabeth H. Esty, and Margaret A. Berger; for the Defense Research Institute, Inc., by Joseph A. Sherman, E. Wayne Taff, and Harvey L. Kaplan; for the New England Journal of Medicine et al. See also C. Hempel, Philosophy of Natural Science 49 (1966) ("[T]he statements constituting a scientific explanation must be capable of empirical test"); K. Popper, Conjectures and Refutations: The Growth of Scientific Knowledge 37 (5th ed. Green 645. Twenty-two amicus briefs have been filed in the case, and indeed the Court's opinion contains no fewer than 37 citations to amicus briefs and other secondary sources. Does all of this dicta apply to an expert seeking to testify on the basis of "technical or other specialized knowledge"-the other types of expert knowledge to which Rule 702 applies-or are the "general observations" limited only to "scientific knowledge"? D. C., at 47, 293 F., at 1014 (emphasis added). Indeed, in footnote 9, the Court decides that "[i]n a case involving scientific evidence, eviden-. See E. Green & C. Nesson, Problems, Cases, and Materials on Evidence 649 (1983). June 28, 1993: U.S. Supreme Court decision announced 2. CHIEF JUSTICE REHNQUIST, with whom JUSTICE STEVENS joins, concurring in part and dissenting in part. Gena, M., Shaken Baby Syndrome: Medical Uncertainty Casts Doubt on Convictions, 2007 Wisconsin Law Review 701. That even limited screening by the trial judge, on 2786, 2799, 125 L.Ed.2d 469 (1993). William DAUBERT and Joyce Daubert, individually and as Guardians ad Litem for Jason Daubert, a minor, Plaintiffs, v. MERRELL DOW PHARMACEUTICALS, INC., et al., Defendants. 3 pages. 592 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. standard requires a valid scientific connection to the pertinent inquiry as a precondition to admissibility. " Ibid. Rule Civ. App. The District Court granted respondent summary judgment based on a well-credentialed expert's 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. I think the Court would be far better advised in this case to decide only the questions presented, and to leave the further development of this important area of the law to future cases. Abstract Daubert and other minors, suffered limb reduction birth defects; they claim the defects were caused when their mothers ingested drugs manufactured by the Defendant, Merrell Dow Pharmaceuticals, Inc. (Defendant), while they were pregnant. did not meet the applicable "general acceptance" standard for the United States Supreme Court. The syllabus constitutes no part of the opinion of the Court but has been court concluded that petitioners' evidence provided an insufficient foundation to allow admission of expert testimony that Bendectin caused their injuries and, accordingly, that petitioners could not satisfy their burden of proving causation at trial. These conventional devices, rather than wholesale exclusion under an uncompromising "general acceptance" test, are the appropriate safeguards where the basis of scientific testimony meets the standards of Rule 702. The Rules occupy the field, United States v. Abel, 469 U. S. 45, 49, and, although the common law of evidence may serve as an aid to their application, id., at 51-52, respondent's assertion that they somehow assimilated Frye is unconvincing. applicable Rules. 1989) ("[T]he criterion of the scientific status of a theory is its falsifiability, or refutability, or testability") (emphasis deleted). Action filed by multiple Respondents against Merrell Dow Pharmaceuticals, Inc. (Petitioner), a corporation, that manufactures and distributes the drug Bendectin. Here there is a specific Rule that speaks to the contested issue. This is not to say that such materials are not useful or even necessary in deciding how Rule 702 should be applied; but it is to say that the unusual subject matter should cause us to proceed with great caution in deciding more than we have to, because our reach can so easily exceed our grasp. In what has become a famous (perhaps infamous) passage, the then Court of Appeals for the District of Columbia described the device and its operation and declared: "Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages. denied, 439 U. S. 1117 (1979). The inquiry envisioned by Rule 702 is, we emphasize, a flexible one.12 Its overarching subject is the scientific valid-, 12 A number of authorities have presented variations on the reliability approach, each with its own slightly different set of factors. DAUBERT et ux., individually and as guardians and litem for DAUBERT, et al. Beech Aircraft Corp. v. Rainey, 488 U. S., at 169 (citing Rules 701 to 705). Daubert v. Merrell Dow Pharmaceuticals, Inc., 727 F.Supp. Petitioners' primary attack, however, is not on the content but on the continuing authority of the rule. 602, 28 U. S. C. 589-592. Klein, Richard G. Taranto, Hall R. Marston, George E. Berry, Edward H. Stratemeier, and W Glenn Forrester. 5 Like the question of Frye's merit, the dispute over its survival has divided courts and commentators. Daubert v. Merrell Dow Pharmaceuticals provided the standard for allowing expert testimony into a trial. 585-597. Id., at 51-52. Nothing in the Rules as a whole or in the text and drafting history of Rule 702, which specifically governs expert testimony, gives any indication that "general acceptance" is a necessary precondition to the admissibility of scientific evidence. 594 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. of the Grounds for Belief in Science 130-133 (1978); ReIman & Angell, How Good Is Peer Review?, 321 New Eng. In 2013, the Florida Legislature amended Section 90.702 of the Florida Evidence Code to adopt the standards for expert testimony as provided in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). 9We note that scientists typically distinguish between "validity" (does the principle support what it purports to show?) The scientific project is advanced by broad and wide-ranging consideration of a multitude of hypotheses, for those that are incorrect will eventually be shown to be so, and that in itself is an advance. (a) Frye's "general acceptance" test was superseded by the Rules' We found the common-law precept at issue in the Abel case entirely consistent with Rule 402's general requirement of admissibility, and considered it unlikely that the drafters had intended to change the rule. DAUBERT ET UX., INDIVIDUALLY AND AS GUARDIANS AD LITEM FOR DAUBERT, ET AL. . 602, 28 U. S. C. 54 App. Daubert v. Merrell Dow Pharmaceuticals is the landmark US Supreme Court case dealing with the admissibility of forensic expert opinion testimony. Pp. Petitioners Jason Daubert and Eric Schuller are minor children born with serious birth defects. 92-102 . Petitioners, two minor children and their parents, alleged in their suit against respondent that the children's serious birth defects had been caused by the mothers' prenatal ingestion of Bendectin, a prescription drug marketed by respondent. In its 1993 decision Daubert v. Merrell Dow Pharmaceuticals, Inc., the US Supreme Court established the Daubert Standard for evaluating the admissibility of scientific knowledge as evidence in US federal courts. Throughout, the judge should also be mindful of other The Court of Appeals agreed and affirmed, citing Frye v. United States, 54 App. is the appropriate means by which evidence based on valid principles In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court effectively overruled Frye in federal courts, holding that the case law was inconsistent with the applicable evidentiary rules, namely, Rule 702 of the Federal Rules of Evidence. exclusion under an uncompromising "general acceptance" standard, But some general observations are appropriate. (c) Faced with a proffer of expert scientific testimony under Rule Argued March 30, 1993 -- Decided June 28, 1993. 1 The decision in Daubert v Merrell Dow Pharmaceuticals2 sets forth criteria that federal courts must follow in admitting scientific evidence or excluding it from consideration by juries. 598 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. cordingly, the judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion. Compare, e. g., United States v. Williams, 583 F.2d 1194 (CA2 1978) (Frye is superseded by the Rules of Evidence), cert. This condition goes primarily to relevance. Throughout, a judge assessing a proffer of expert scientific testimony under Rule 702 should also be mindful of other applicable rules. by Ron Simon and Nicole Schultheis. Ibid. REHNQUIST, C. J., filed an opinion concurring in part and dissenting in part, in which STEVENS, J., joined, post, p.598. Our discussion is limited to the scientific context because that is the nature of the expertise offered here. joined. 702-36 to 702-37 (1988) (hereinafter Weinstein & Berger) (Frye is dead), and M. Graham, Handbook of Federal Evidence § 703.2 (3d ed. Petitioners, two minor children and their parents, alleged in their suit They claim the defects were caused when their mothers ingested drugs manufactured by the Defendant, Merrell Dow Pharmaceuticals, Inc. (Defendant), while they were pregnant. Rule Evid. They suggest that recognition of a screening role for the judge that allows for the exclusion of "invalid" evidence will sanction a stifling and repressive scientific orthodoxy and will be inimical to the search for truth. 1 Doctor Lamm received his master's and doctor of medicine degrees from the University of Southern California. relaxing the traditional barriers to "opinion" testimony. The Rule's requirement that the testimony "assist the trier Many considerations will bear on the We interpret the legislatively enacted Federal Rules of Evidence as we would any statute. We are confident that federal judges possess the capacity to undertake this review. 7, 119, 125-127 (1987). Id., at 54-56. (c) Faced with a proffer of expert scientific testimony under Rule 702, the trial judge, pursuant to Rule 104(a), must make a preliminary assessment of whether the testimony's underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue. See Starrs, Frye v. United States Restructured and Revitalized: A Proposal to Amend Federal Evidence Rule 702, 26 Jurimetrics J. Argued March 30, 1993 -- Decided June 28, 1993 But, in order to qualify as "scientific knowledge," an inference or assertion must be derived by the scientific method. See also United States v. Downing, 753 F.2d 1224, 1242 (CA3 1985) ("An additional consideration under Rule 702-and another aspect of relevancy-is whether expert testimony proffered in the case is sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute"). Of course, it would be unreasonable to conclude that the subject of scientific testimony must be "known" to a certainty; arguably, there are no certainties in science. 951 F.2d 1128 (1991). The district court determined that plaintiffs could not meet their burden of proving that Bendectin caused Jason's and Eric's birth defects and granted Merrell Dow's motion for summary judgment. The credentials of the others are similarly impressive. Cf., e. g., Advisory Committee's Notes on Fed. Pp.595-597. knowledge." it imposes on them either the obligation or the authority to become amateur scientists in order to perform that role. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. caused by the mothers' prenatal ingestion of Bendectin, a Additionally, in the event the trial court concludes that the scintilla of evidence presented supporting a position is insufficient to allow a reasonable juror to conclude that the position more likely than not is true, the court remains free to direct a judgment, Fed. U. L. Rev. Frye Test. 11 Although the Frye decision itself focused exclusively on "novel" scientific techniques, we do not read the requirements of Rule 702 to apply specially or exclusively to unconventional evidence. by Neil B. Cohen. 596 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. sertions. scientific literature on the subject, that maternal use of Bendectin We recognize that, in practice, a gatekeeping role for the judge, no matter how flexible, inevitably on occasion will prevent the jury from learning of authentic insights and innovations. Although petitioners had responded with the testimony of eight other . The Frye Standard arose from Frye v. United States, a 1923 US Court of Appeals … But submission to the scrutiny of the scientific community is a component of "good science," in part because it increases the likelihood that substantive flaws in methodology will be detected. BLACKMUN, J., delivered the opinion for a unanimous Court with respect to Parts I and II-A, and the opinion of the Court with respect to Parts II-B, II-C, III, and IV, in which WHITE, O'CONNOR, SCALIA, KENNEDY, SOUTER, and THOMAS, JJ., joined. Scientific testimony is only admissible in federal court if its proponent can show that it is relevant and valid. In short, the requirement that an expert's testimony pertain to "scientific knowledge" establishes a standard of evidentiary reliability.9, 8 Rule 702 also applies to "technical, or other specialized knowledge.". Background. opinion concurring in part and dissenting in part, in which Stevens, J., on principles and methodology, not on the conclusions that they facts or of ideas inferred from such facts or accepted as true on good See Behringer, Introduction, Proposals for a Model Rule on the Admissibility of Scientific Evidence, 26 Jurimetrics J. Daubert v. Merrell Dow Pharmaceuticals, Inc. ... Petitioners Jason Daubert and Eric Schuller are minor children born with serious birth defects. The Rule's requirement that the testimony "assist the trier of fact to understand the evidence or to determine a fact in issue" goes primarily to relevance by demanding a valid scientific connection to the pertinent inquiry as a precondition to admissibility. (d) Cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof, rather than wholesale exclusion under an uncompromising "general acceptance" standard, is the appropriate means by which evidence based on valid principles may be challenged. The various briefs filed in this case are markedly different from typical briefs, in that large parts of them do not deal with decided cases or statutory language-the sort of material we customarily interpret. No. Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence. accepted" as reliable in the relevant scientific community. While the end result may be similar the Daubert test is far more detailed than; Champlain College; LAW 5210 - Spring 2017. ", Nothing in the text of this Rule establishes "general acceptance" as an absolute prerequisite to admissibility. 580 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand. In the 70 years since its formulation in the Frye case, the "general acceptance" test has been the dominant standard for determining the admissibility of novel scientific evidence at trial. Ante, at 593. Respondent expresses apprehension that abandonment of "general acceptance" as the exclusive requirement for admission will result in a "free-for-all" in which befuddled juries are confounded by absurd and irrational pseudoscientific as-. by Donald N. Bersoff; for Alvan R. Feinstein by Don M. Kennedy, Loretta M. Smith, and Richard A. Oetheimer; and for Kenneth Rothman et al. by Michael Malina and Jeffrey I. D. Lewis; for A Group of American Law Professors. The standard for admissibility of expert testimony in this circuit at the time was the so-called Frye test: Scientific evidence was admissible if it was based on a scientific technique generally accepted as reliable within the scientific community. 600 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. tiary reliability will be based upon scientific validity." 235 (1986); Giannelli, The Admissibility of Novel Scientific Evidence: Frye v. United States, a Half-Century Later, 80 Colum. B. Cardozo, The Nature of the Judicial Process 178-179 (1921). Argued March 30, 1993-Decided June 28,1993. With him on the brief were Charles R. Nesson, Joel 1. denied, 506 U. S. 826 (1992); Brock v. Merrell Dow Pharmaceuticals, Inc., 874 F.2d 307 (CA5 1989) (reversing judgment entered on jury verdict for plaintiffs because evidence regarding causation was insufficient), modified, 884 F.2d 166 (CA5 1989), cert. Daubert v. Merrell Dow Pharmaceuticals, Inc. 4 . The merits of the Frye test have been much debated, and scholarship on its proper scope and application is legion.4. App., p. 755 (" '[T]he rule requiring that a witness who testifies to a fact which can be perceived by the senses must have had an opportunity to observe, and must have actually observed the fact' is a 'most pervasive manifestation' of the common law insistence upon 'the most reliable sources of information'" (citation omitted)); Advisory Committee's Notes on Art. Rule 702, governing expert testimony, provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. 2d 469 (1993), it began a wide-ranging debate about the rules that govern the admissibility of expert testimony in both state and federal trials. Daubert Et Ux., Individually And As Guardians Ad Litem For Daubert, et al. The court declared that expert opinion based on a methodology that diverges "significantly from the procedures accepted by recognized authorities in the field ... cannot be shown to be 'generally accepted as a reliable technique.'" analyses, and the unpublished "reanalysis" of previously published In support of its motion, respondent submitted an affidavit of Steven H. Lamm, physician and epidemiologist, who is a well-credentialed expert on the risks from exposure to various chemical substances.1 Doctor Lamm stated that he had reviewed all the literature on Bendectin and human birth defects-more than 30 published studies involving over 130,000 patients. I defer to no one in my confidence in federal judges; but I am at a loss to know what is meant when it is said that the scientific status of a theory depends on its "falsifiability," and I suspect some of them will be, too. Briefs of amici curiae urging affirmance were filed for the United States by Acting Solicitor General Wallace, Assistant Attorney General Gerson, Miguel A. Estrada, Michael Jay Singer, and John P. Schnitker; for the American Insurance Association by William J. Kilberg, Paul Blankenstein, Bradford R. Clark, and Craig A. Berrington; for the American Medical Association et al. After extensive discovery, respondent moved for summary judgment, contending that Bendectin does not cause birth defects in humans and that petitioners would be unable to come forward with any admissible evidence that it does. United States v. Downing, 753 F. 2d, at 1238. denied, 503 U. S. 912 (1992), 3 J. Weinstein & M. Berger, Weinstein's Evidence , 702[03], pp. Daubert v … The. Ordinarily, a key question to be answered in determining whether a theory or technique is scientific knowledge that will assist the trier of fact will be whether it can be (and has been) tested. Because the deception test had "not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made," evidence of its results was ruled inadmissible. goes primarily to relevance by demanding a valid scientific 592-595. which specifically governs expert testimony, gives any indication that Finally, "general acceptance" can yet have a bearing on the inquiry. Conjectures that are probably wrong are of little use, however, in the project of reaching a quick, final, and binding legal judgment-often of great consequence-about a particular set of events in the past. Rule 40l. generate. But I do not think. See id., at 61-66, 73-80, 148-153, 187192, and Attachments 12, 20, 21, 26, 31, and 32 to Petitioners' Opposition to Summary Judgment in No. Proposed testimony, we are told, must be supported by "appropriate validation." Petitioners' epidemiological analyses, based as they were on recalculations of data in previously published studies that had found no causal link between the drug and birth defects, were ruled to be inadmissible because they had not been published or subjected to peer review. The court stated that scientific evidence is admissible only if the principle upon which it is based is "'sufficiently established to have general acceptance in the field to which it belongs.'" Some propositions, moreover, are too particular, too new, or of too limited interest to be published. Those courts had found unpublished reanalyses "particularly problematic in light of the massive weight of the original published studies supporting [respondent's] position, all of which had undergone full scrutiny from the scientific community." In Bourjaily v. United States, 483 U. S. 171 (1987), on the other hand, the Court was unable to find a particular common-law doctrine in the Rules, and so held it superseded. App., p. 770 (hearsay exceptions will be recognized only "under circumstances supposed to furnish guarantees of trustworthiness"). Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs." Daubert v. Merrell Dow Pharmaceuticals is the seminal case involving the admission of scientific expert testimony. 586 DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. is difficult to define. 92-102 Argued: March 30, 1993 Decided: June 28, 1993. 84-2013-G(I) (SD Cal.). It is true that open debate is an essential part of both legal and scientific analyses. adoption. When Daubert v. Merrell Dow Pharmaceuticals, Inc. was first tried in 1989, the Frye Standard was applied to the case to establish the kinds of evidence that could be submitted. The inquiry is a flexible one, and its focus must be solely 727 F. by Dan Morales, Attorney General of Texas, Mark Barnett, Attorney General of South Dakota, Marc Racicot, Attorney General of Montana, Larry EchoHawk, Attorney General of Idaho, and Brian Stuart Koukoutchos; for the American Society of Law, Medicine and Ethics et al. Held: The Federal Rules of Evidence, not Frye, provide the standard for admitting expert scientific testimony in a federal trial. "Expert testimony which does not relate to any issue in the case is not relevant and, ergo, non-helpful." Ante, at 593. 56. 2d 650, 1986 U.S. Brief Fact Summary. In its 1993 decision Daubert v. Merrell Dow Pharmaceuticals, Inc., the US Supreme Court established the Daubert Standard for evaluating the admissibility of scientific knowledge as evidence in US federal courts. 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