Opinion · Supreme Court of the United States

Richardson v. Richardson-Merrell, Inc.

107 L. Ed. 2d 171

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1989-10-02
Topic
general

finding that animal studies of effects of Bendectin could not establish general causation of birth defects in humans where there was an "overwhelming" amount of contrary epidemiological evidence | finding that chemical structure activity analysis and in vitro and in vivo studies used by plaintiffs expert cannot furnish sufficient foundation for causation opinion in the face of considerable contrary epidemiological evidence | finding that animal studies of effects of Bendectin could not establish general causation of birth defects in humans where there was an “overwhelming” amount of contrary epidemiological evidence | reversing jury verdict for the plaintiff; in the face of the defendant's epidemiological evidence, an insufficient foundation existed for the plaintiffs' animal and chemical studies | reversing jury verdict for the plaintiff; in the face of the defendant’s epidemiological evidence, an insufficient foundation existed for the plaintiffs’ animal and chemical studies | judgment n.o.v. in favor of drug manufacturer affirmed because plaintiff's expert’s theoretical speculations could not sustain burden of proving causation | “A directed verdict is proper only if there is no evidentiary foundation ... by which a reasonable juror could find for the party opposing the motion.”

Citator

Cited by
26 opinions

C. A. D. C. Cir. Motions of Association of Birth Defect Children and Association of Trial Lawyers of America for leave to file briefs as amici curiae granted. Certiorari denied.