Thursday, November 20, 2003

4th Circuit Upholds Exclusion of Medical Causation Testimony

In a case where plaintiffs alleged that their cancers resulted from exposure to fertilizer contaminated with picloram, the Fourth Circuit has upheld the district court's exclusion of causation testimony from plaintiffs' expert physician witness. The opinion is unpublished. See Marsh v. W.R. Grace & Co., No. 98-1943 (4th Cir. Nov. 19, 2003) (Widener, Luttig, & Michael, JJ.).
Fed. R. Evid. 702: 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, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.