Daubert V. Merrell Dow Pharmaceuticals
Daubert v. Merrell Dow Pharmaceuticals
Brandon Pond
New England Institute of Technology
Case Studies in Criminal Forensics
CJ 372.57
Professor Michael Pezzullo
October 24, 2012
Daubert v. Merrell Dow Pharmaceuticals
The 1993 Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, like many high-profile court cases, set a precedent for future court causes of a similar background. Merrell Dow Pharmaceuticals was a pharmaceutical company based out of Kansas City, Missouri which was founded in 1950. Originally named “Marion Laboratories” after its founder Ewing Marion Kauffman, Merrell Dow Pharmaceuticals specifically developed pharmaceuticals that had yet to be marketed by other pharmaceutical companies after being discovered and researched. As a result, Merrell Dow Pharmaceuticals are credited for producing several high-quality and extremely popular drugs even in modern day, including the Nicorette anti-smoking gum and Cepacol mouthwash. However, in an attempt to receive credit for popular and effective pharmaceutical production over other companies, Merrell Dow Pharmaceuticals earned a reputation of producing drugs without sufficient research of potential side-effects. As a result, Merrell Dow Pharmaceuticals were I involved in an extremely high-profile U.S. Supreme Court case, titled “Daubert v. Merrell Dow Pharmaceuticals. This 1993 court case put pressure on the pharmaceutical company to close their doors and sell the company just three years later in 1996.
Jason Daubert and Eric Schuller were both born in San Diego, California with visible physical defects. At birth, Daubert was missing three fingers on his right hand and was missing a bone in the lower part of his right arm. Schuller was born without a left hand and a leg which was shorter than the other. In 1993, Daubert and Schuller, along with their parents, elected to sue Merrell Dow Pharmaceuticals, the manufacturer of the drug Bendectin, an anti-nausea medication both the boys’ mothers
Brandon Pond
New England Institute of Technology
Case Studies in Criminal Forensics
CJ 372.57
Professor Michael Pezzullo
October 24, 2012
Daubert v. Merrell Dow Pharmaceuticals
The 1993 Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, like many high-profile court cases, set a precedent for future court causes of a similar background. Merrell Dow Pharmaceuticals was a pharmaceutical company based out of Kansas City, Missouri which was founded in 1950. Originally named “Marion Laboratories” after its founder Ewing Marion Kauffman, Merrell Dow Pharmaceuticals specifically developed pharmaceuticals that had yet to be marketed by other pharmaceutical companies after being discovered and researched. As a result, Merrell Dow Pharmaceuticals are credited for producing several high-quality and extremely popular drugs even in modern day, including the Nicorette anti-smoking gum and Cepacol mouthwash. However, in an attempt to receive credit for popular and effective pharmaceutical production over other companies, Merrell Dow Pharmaceuticals earned a reputation of producing drugs without sufficient research of potential side-effects. As a result, Merrell Dow Pharmaceuticals were I involved in an extremely high-profile U.S. Supreme Court case, titled “Daubert v. Merrell Dow Pharmaceuticals. This 1993 court case put pressure on the pharmaceutical company to close their doors and sell the company just three years later in 1996.
Jason Daubert and Eric Schuller were both born in San Diego, California with visible physical defects. At birth, Daubert was missing three fingers on his right hand and was missing a bone in the lower part of his right arm. Schuller was born without a left hand and a leg which was shorter than the other. In 1993, Daubert and Schuller, along with their parents, elected to sue Merrell Dow Pharmaceuticals, the manufacturer of the drug Bendectin, an anti-nausea medication both the boys’ mothers
Cited: Angier, Natalie. "Two Pre-decision Articles on the Daubert Case (rules forscientific evidence)." Free Legal Information & Forms | The 'Lectric Law Library. The New York Times, 2 Jan. 1993. Web. 24 Oct. 2012. <http://www.lectlaw.com/files/lit03.htm>. Annas, George. "Legal Issues in Medicine." Scientific Evidence in the Courtroom -- The Death of the Frye Rule. Version 330. Georgetown University, 7 Apr. 1994. Web. 24 Oct. 2012. <www.daubertexpert.com/basics_daubert-v-merrell-dow.html>. BRODY, JANE E.. "SHADOW OF DOUBT WIPES OUT BENDECTIN - NYTimes.com." The New York Times - Breaking News, World News & Multimedia. The New York Times, 19 June 1983. Web. 24 Oct. 2012. <http://www.nytimes.com/1983/06/19/weekinreview/shadow-of-doubt-wipes-out-bendectin.html>. "Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).." LII | LII / Legal Information Institute. N.p., n.d. Web. 24 Oct. 2012. <http://www.law.cornell.edu/supct/html/92-102.ZS.html>. Mahle, Stephen. "An Introduction to Daubert v. Merrell Dow." DaubertExpert.com. N.p., n.d. Web. 24 Oct. 2012. <http://www.daubertexpert.com/basics_daubert-v-merrell-dow.html>.