The Experts in Daubert

Dr. Adrian Gross is a licensed and accredited veterinarian with experience in pathology and toxicology. Dr. Gross would testify at trial that to within a reasonable degree of certainty Bendectin is a teratogen. Dr. Gross would base his opinion on animal studies which allegedly show a statistically significant association between Bendectin and doxylamine succinate (a component of Bendectin) and birth defects.


Dr. Stuart Newman is a specialist in developmental biology. Dr. Newman would testify at trial that to within a reasonable degree of certainty "Bendectin is capable of interfering with the development of the limb in the human being and causing birth defects in the developing limb of the human being and that Bendectin is a human teratogen in the normal therapeutic dose." Dr. Newman would base his opinion on in vitro studies and the pharmacology aspects of Bendectin.


Dr. Alan Done is a medical doctor with specialties in pediatrics, clinical pharmacology and toxicology. Dr. Done's profferred testimony is unclear from the materials presented, but he apparently would testify that to a reasonable degree of certainty Bendectin is a teratogen. Dr. Done apparently would base his opinion on analyses of the chemical structure and properties of doxylamine succinate animal studies in vivo, in vitro studies, and various informal and formal human studies, including epidemiological ones.


Dr. Shanna Swan is an epidemiologist and biostatistician practicing in the field of reproductive epidemiology. Dr. Swan would testify that to a reasonable degree of certainty, it is her opinion "that considering all available data that is provided in animal, in vitro and epidemiological studies, including the relative risks, the confidence limits and also the power of the studies, that it is more likely than not that Bendectin is, in fact, associated with limb reduction defects." Dr. Swan would base her opinion on "the methodology that is generally and reasonably relied upon by epidemiologists to analyze, study and interpret data that has been collected, published and unpublished in trying to draw opinions concerning whether or not there is a cause and effect relationship between a drug and a birth defect."


Dr. Jay Glasser is a specialist in biostatistics, epidemiology and biometry. Dr. Glasser would testify that "Bendectin is within a reasonable degree of epidemiological certainty associated with congenital disorders, including limb defects." Dr. Glasser would base his opinion on techniques that are generally and reasonably relied upon by biometrists, epidemiologists and biostatisticians.


Dr. Wayne Snodgrass is an associate professor of pediatrics and pharmacology and toxicology. Dr. Snodgrass would testify that in his opinion Bendectin is a human teratogen. Dr. Snodgrass would base his opinion on results of various studies in several disciplines including pharmacology, toxicology, in vitro studies, animal studies and human studies.


Dr. Johannes Thiersch is a specialist in pathology and pharmacology. Dr. Thiersch would testify that the chemical composition and physiological activity of a drug are of great interest and importance in determining whether a drug is a teratogen.


Dr. John Palmer is a professor of pharmacology. Dr. Palmer would testify that in his opinion to a reasonable medical and scientific certainty Bendectin is a teratogen. Dr. Palmer would base his opinion on the pharmacological data, animal studies data, in vitro studies data, epidemiological data and other human data. Dr. Palmer would also testify that he has examined the medical records of the plaintiff children and to a reasonable degree of medical certainty Bendectin was taken at a period of time such as to effect their development and it indeed caused their limb defects.


BASS V
updated 12/5/98