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Mr. & Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.

Mr. & Mrs. Floyd BROCK, Individually and as Next Friend of Rachel Brock, a Minor, Plaintiffs-Appellees, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-Appellant

Mr. & Mrs. Floyd Brock v. Merrell Dow Pharms., Inc., 884 F.2d 166 (5th Cir. 1989)
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Subsequent history: vacated sub nom. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
August 15, 1989
Docket
No. 88-2311
Judges
Garza, Jolly, Jones, Per Curiam
Citations
884 F.2d 1661989 WL 907041989 U.S. App. LEXIS 13141

Opinion — Per Curiam

ON PETITION FOR REHEARING Before GARZA, JOLLY, and JONES, Circuit Judges.

PER CURIAM:

Appellees have filed a petition for rehearing en banc with regard to our prior disposition of this case, Brock v. Merrell Dow Pharmaceuticals, Inc., 874 F.2d 307, 308 (5th Cir.1989). Treating that petition as a petition for panel rehearing, we hereby modify our prior panel opinion.

At 313, we stated that “[w]e find, in this case, the lack of conclusive epidemiological proof to be fatal to the Brocks’ case.” We hereby change that sentence to read “[w]e find, in this case, the Brocks’ failure to present statistically significant epidemiological proof that Bendectin causes limb reduction defects to be fatal to their case.”

We also change the last two sentences of the second to last paragraph on 315, which read:

Hopefully, our decision will have the effect of encouraging district judges faced with medical and epidemiologic proof in subsequent toxic tort cases to be especially vigilant in scrutinizing the basis, reasoning, and conclusiveness of studies presented by both sides. However, we do not wish this case to stand as a bar to future Bendectin cases in the event that new and conclusive studies emerge which would give a jury a firmer basis on which to determine the issue of causation.

These sentences should read as follows:

Hopefully, our decision will have the effect of encouraging district judges faced with medical and epidemiologic proof in subsequent toxic tort cases to be especially vigilant in scrutinizing the basis, reasoning, and statistical significance of studies presented by both sides. However, we do not wish this case to stand as a bar to future Bendectin cases in the event that new and statistically significant studies emerge which would give a jury a firmer basis on which to determine the issue of causation.

With the exception of the above changes, the panel adheres to its prior opinion in this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 71 cases

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1989: 21990: 131991: 61992: 41993: 61994: 21995: 21996: 81997: 51998: 51999: 12003: 12004: 12005: 12006: 32008: 12010: 32011: 12012: 12015: 32024: 12025: 119892026peak 1990 · 13

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

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& Mrs. Floyd Brock v. Merrell Dow Pharms., Inc., 874 F.2d 307 (5th Cir. 1989) 163

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