Legal Opinion
Douglas C. Kilpatrick v. Breg, Inc.
Court of Appeals for the Eleventh Circuit
Decided August 12, 2010No. 09-13813PublishedCited by 143 opinions
1Opinion of the Court
HODGES, District Judge:
This is a negligence and products liability action involving the use of a pain pump manufactured by Breg, Inc. for use during and after surgery. The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg’s pumps, proffered a single expert witness on the issue of causation— Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to reach his conclusions was unreliable and, therefore, his testimony was inadmissible under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113…
2Cases cited17 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Quiet Technology DC-8, Inc., Quiet Technology, Inc. v. Hurel-Dubois UK LTD.Court of Appeals for the Eleventh Circuit · 2003
- City of Tuscaloosa v. Harcros Chemicals, Inc.Court of Appeals for the Eleventh Circuit · 1998
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3Cited by143 opinions
- Marianne Chapman v. The Procter & Gamble Distributing, LLCCourt of Appeals for the Eleventh Circuit · 2014
- Winn-Dixie Stores, Inc. v. Dolgencorp, LLCCourt of Appeals for the Eleventh Circuit · 2014
- Christina Nicole Adams v. Laboratory Corporation of AmericaCourt of Appeals for the Eleventh Circuit · 2014
- Tamanchia Moore v. Intuitive Surgical, Inc.Court of Appeals for the Eleventh Circuit · 2021
- USA v. Alabama Power CompanyCourt of Appeals for the Eleventh Circuit · 2013
138 more not listed; retrieve them via the Exa API.