Eleventh Circuit Rejects Plaintiff’s Expert Evidence on Daubert Grounds
An important and interesting Daubert opinion was issued yesterday by the 11th Circuit which affirmed the trial court’s Daubert preclusion order against the plaintiff’s experts in litigation seeking to prove that the use of a denture adhesive causes neurological disease. The decision sets forth the infirmities in the plaintiffs’ expert evidence under Daubert standards.
This blog post will be short and reportorial, rather than analytic, because the authors have worked extensively for the defense in the denture cream litigation, and on the Chapman case itself, and we will leave it to others to analyze the import of this decision. There is a similar opinion, decided on Frye grounds, dealing with many of the same experts from an intermediate appellate court in Pennsylvania with the same result, and well as a Pennsylvania trial court opinion dismissing additional cases for similar reasons. The trial level case remains on appeal.