Wolfe v. McNeil-PPC, Inc.

881 F. Supp. 2d 650, 2012 WL 262672, 2012 U.S. Dist. LEXIS 10657
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 27, 2012
DocketCivil Action No. 07-348
StatusPublished
Cited by8 cases

This text of 881 F. Supp. 2d 650 (Wolfe v. McNeil-PPC, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolfe v. McNeil-PPC, Inc., 881 F. Supp. 2d 650, 2012 WL 262672, 2012 U.S. Dist. LEXIS 10657 (E.D. Pa. 2012).

Opinion

MEMORANDUM

DuBOIS, District Judge.

I. INTRODUCTION

In this products liability action, plaintiff Kiley Wolfe alleges that Children’s Motrin manufactured and marketed by defendants caused her to develop Stevens-Johnson Syndrome (“SJS”) and Vanishing Bile Duct Syndrome. Presently before the Court are defendants’ renewed Daubert motions to exclude or limit the testimony of four of plaintiffs proposed expert witnesses.1 For the reasons that follow, the Court denies one of defendants’ motions. The three remaining motions are granted in part and denied in part.

II. BACKGROUND

By Memorandum and Order of March 30, 2011, the Court denied defendants’ motion for summary judgment as to plaintiffs failure-to-warn and punitive-damages claims. Wolfe v. McNeil-PPC, Inc., 773 F.Supp.2d 561 (E.D.Pa.2011). The Court granted the motion in all other respects. Id. The factual background of the case is set forth in detail in the Memorandum of March 30, 2011, and will not be repeated in this Memorandum except as is necessary to explain the Court’s rulings.

[654]*654III. LEGAL STANDARD — FEDERAL RULE OF EVIDENCE 702

Federal Rule of Evidence (“Rule”) 702 provides as follows:

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.

The “pathmarking” Supreme Court cases interpreting Rule 702 are Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Kumho Tire v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). United States v. Mitchell, 365 F.3d 215, 234 (3d Cir.2004). In Daubert, the Supreme Court held that “[f]aced with a proffer of expert scientific testimony ... the trial judge must determine at the outset ... whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.” Daubert, 509 U.S. at 592, 113 S.Ct. 2786. In Kumho Tire, the Supreme Court made clear that the Daubert gatekeeping function extends beyond scientific testimony to testimony based on “technical” and “other specialized” knowledge. 526 U.S. at 141, 119 S.Ct. 1167.

Under Daubert, courts must address a “trilogy of restrictions” before admitting expert testimony: qualification, reliability, and fit. Schneider ex rel. Estate of Schneider v. Fried, 320 F.3d 396, 404 (3d Cir.2003); see also Elcock v. Kmart Corp., 233 F.3d 734, 741 (3d Cir.2000). The party offering the expert must prove each of these requirements by a preponderance of the evidence. In re TMI Litig., 193 F.3d 613, 663 (3d Cir.1999). Defendants challenge only the first two: qualification and reliability. Thus, the Court does not address the issue of fit.

A. Qualification

To qualify as an expert, “Rule 702 requires the witness to have ‘specialized knowledge’ regarding the area of testimony.” Betterbox Commc’ns Ltd. v. BB Techs., Inc., 300 F.3d 325, 335 (3d Cir.2002) (quoting Waldorf v. Shuta, 142 F.3d 601, 625 (3d Cir.1998)). The Third Circuit has instructed courts to interpret the qualification requirement “liberally” and not to insist on a certain kind of degree or background when evaluating the qualifications of an expert. See Waldorf, 142 F.3d at 625. “The language of Rule 702 and the accompanying advisory committee notes make clear that various kinds of ‘knowledge, skill, experience, training, or education,’ qualify an expert as such.” In re Paoli R.R. Yard PCB Litig., 916 F.2d 829, 855 (3d Cir.1990) (“Paoli I”) (quoting Fed.R.Evid. 702).

Moreover, “[tjhis liberal policy of admissibility extends to the substantive as well as the formal qualifications of experts.” Pineda v. Ford Motor Co., 520 F.3d 237, 244 (3d Cir.2008). Thus, “it is an abuse of discretion to exclude testimony simply because the trial court does not deem the proposed expert to be the best qualified or because the proposed expert does not have the specialization that the court considers most appropriate.” Id. (quoting Holbrook v. Lykes Bros. S.S. Co., 80 F.3d 777, 782 (3d Cir.1996)).

B. Reliability

The reliability requirement of Daubert “means that the expert’s opinion must be based on the ‘methods and proce[655]*655dures of science’ rather than on ‘subjective belief or unsupported speculation’; the expert must have ‘good grounds’ for his or her belief.” In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 742 (3d Cir.1994) (“Paoli II”) (quoting Daubert, 509 U.S. at 590, 113 S.Ct. 2786). The Supreme Court held in Kumho Tire that the Daubert test of reliability is “flexible” and “the law grants a district court the same broad latitude when it decides how to determine reliability as it enjoys in respect to its ultimate reliability determination.” 526 U.S. at 141-42, 119 S.Ct. 1167 (emphasis omitted). In determining whether the reliability requirement is met, courts examine the following factors where appropriate:

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Bluebook (online)
881 F. Supp. 2d 650, 2012 WL 262672, 2012 U.S. Dist. LEXIS 10657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfe-v-mcneil-ppc-inc-paed-2012.