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Problem

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question

A mother whose child had birth defects sued the pharmaceutical company that made the purportedly dangerous drug prescribed to her during pregnancy. At trial, she offered an expert witness to prove that the drug was a substantial factor in causing the baby's injuries. The expert was a Ph.D. medical researcher with an additional degree in computer science. He had experience in the research and development of similar drugs for other large pharmaceutical companies. He had published relevant articles in peer review journals describing the dangers of these types of drugs. The findings were endorsed by other experts in the field. On the subject litigation, he performed a differential diagnosis, conducted several scientifically valid tests, and made various calculations. He concluded that the drug was the culprit in this case. The Defendants made a Daubert motion challenging the witness' qualifications and the reliability of his testimony, arguing he was a mere researcher and not a physician. Is the court likely to grant the motion and preclude the witness as an expert?

choices

  1. Yes, the proposed testimony was not reliable in that it was based on scientific testing only and did not discuss medical science or rule out other causes.
  2. No, the testimony was admissible because several factors militated in favor of the expert's opinion being reliable, and thus helpful to the jury in determining the critical issue of causation.
  3. Yes, the proposed testimony was inadmissible because it was general and did not tie in the expert's knowledge with the case being litigated.
  4. No, the testimony was admissible because the expert's opinion was so authoritative that the court would order the jury to adopt its findings as a matter of law.

subject

professional_law

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