Wednesday, February 09, 2005

10th Circuit Affirms Exclusion of Breast Implant Causation Testimony

The Tenth Circuit has published an opinion upholding the trial court's exclusion of plaintiff's causation experts in a breast implant case. The panel held that the experts' differential diagnosis was flawed because they lacked a basis to "rule in" the implants as the cause of plaintiff's connective tissue / autoimmune disease, in the face of a substantial epidemiological literature disclosing no generic causal link. See Norris v. Baxter Healthcare Corp., No. 03-1471 (10th Cir. Feb. 8, 2005) (Seymour, McKay, & Murphy, JJ.).

posted by pn at 5:48 PM  

2 Comments:

Orac writes ...

For once, a reasonable decision. There is no good scientific or epidemiological evidence that breast implants (silicone or other kinds) cause connective tissue/autoimmune diseases or disorders and a great deal of evidence suggesting that they do not.

1:18 PM  
Anonymous writes ...

I think the trend is so distrurbing. Teenage girls with little or no idea on, who they are, should not have implants!

A minimum-age of 21 years to get breast implants would help, I think.

At least - get some decent information first, and not from surgeons or sponsored sites. I found www.breast-augmentation-information.net to be independent, allthough it leaves many leaves unturned...

3:33 PM  

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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.