Kuhn v. Sandoz Pharmaceuticals Corp.

The opinion of the court was delivered by

Six, J.:

This case reviews the district court’s use of the Frye test, Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923), to strike plaintiffs’ expert causation opinions advanced to explain a mother’s death 3 days after the delivery of her baby. Summary judgment was entered for defendant Sandoz Pharmaceuticals Corporation (Sandoz). The plaintiffs, Gail Kuhn, the mother of Jennifer Kuhn Bishop, deceased, and as Special Administrator of her Estate; Jerry Bishop, the deceased’s husband; and Ryan Thomas Kuhn Bishop, the deceased’s minor son, appeal.

The plaintiffs’…