Merrell Dow Pharmaceuticals, Inc. v. Havner
- Court
- Texas Supreme Court
- Decided
- November 13, 1997
- Docket
- 95-1036
- Status
- Published
- Jurisdiction
- Texas
Cited 3,583 timesNo negative treatment found in this library
What later courts said
- holding that, if foundational data underlying opinion testimony are unreliable, experts will not be permitted to base opinions on that data. — Daniels v. Lyondell-Citgo Refining Co. (2003)
- holding that more than a scintilla of evidence requires “reasonable and fair-minded people to differ in their conclusions.” — Velazquez v. Village Farms, L.P. (2020)
- holding that evidence of a causal link between the drug Bendectin and birth defects was insufficient — Alcides Cairus, M.D., Individually and D/B/A Alcides Cairus, M.D., P.A. v. Rosemary Gomez and Jesse Gomez (2006)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OWEN, Justice, delivered the opinion of the Court in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, CORNYN, ENOCH and ABBOTT, Justices, join.
The issue in this case is whether there is any evidence that the drug Bendectin caused Kelly Havner to be born with a birth defect. We hold that the evidence offered is legally insufficient to establish causation. Accordingly, we reverse the judgment of the court of appeals. 907 S.W.2d 535.
I
Cite this
Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (1997)Read the full opinion
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