Legal Opinion
Merrell Dow Pharmaceuticals, Inc. v. Havner
Texas Supreme Court
Decided November 13, 1997No. 95-1036PublishedCited by 3,162 opinions
1Opinion of the CourtOwen, Justice
in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, CORNYN, ENOCH and ABBOTT, Justices, join.
The issue in this case is whether there is any evidence that the drug Bendectin caused Kelly Havner to be born with a birth defect. We hold that the evidence offered is legally insufficient to establish causation. Accordingly, we reverse the judgment of the court of appeals. 907 S.W.2d 535.
I
Kelly Havner was born with a limb reduction birth defect. The fingers on her right hand were not formed. Kelly’s mother had taken the prescription drug Bendectin in 1981 during her pregnancy to reheve nausea and…
2Cases cited55 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
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