Simona Bunin v. Matrixx Initiatives, Inc., etc.

In this products liability action, the plaintiff alleged she lost her sense of smell, a condition known as anosmia, after she used a Zicam nasal spray. The defendants moved to exclude the opinion of the plaintiffs causation expert, based on the recent change to section 90.702, Florida Statutes (2013), which now requires trial courts to apply the standard of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), in ruling on the admissibility of expert testimony. The trial court granted the defendants’ motion and entered summary judgment in favor of…