Complying With Daubert v. Merrell Dow Pharmaceuticals, Inc. In Texas Injury Cases

The United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. set forth the factors to be considered when determining the admissibility of expert scientific testimony. The factors are the degree to which the scientific theory has been or is subject to being verified by testing, the degree to which the science relies upon subjective interpretation by an expert, whether the theory has been published in professional publications or subjected to peer review and th rate of error of the technique.

The Texas Supreme Court has further defined and expanded the Daubert requirements in the cases of E.I. du Pont de Nemours Company v. Robinson, Broders v. Heise, United Blood Services v. Longoria, Merrell Dow Pharmaceuticals, Inc. v. Havner, Maritime Overseas Corp. v. Ellis and Gammill v. Jack Williams Chevrolet, Inc. The most noteworthy of these opinions is Havner which focused on whether the science applied by the expert was reliable. Havner added the requirements that the underlying data must accurate and the methodology sound.

Thus in presenting expert testimony it is critical that each of the foundational requirements be met before any expert opinions are elicited.

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