Legal Opinion

Thomas Pipitone, and Bonnie Pipitone v. Biomatrix, Inc., Biomatrix, Inc.

Court of Appeals for the Fifth Circuit

Decided April 18, 2002No. 01-30654PublishedCited by 701 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Thomas Pipitone and his wife, Bonnie, brought suit against Biomatrix, Inc. (“Biomatrix”), alleging that a product that Biomatrix manufactures, known as Syn-visc, caused Mr. Pipitone to develop a salmonella infection in his knee after a physician injected his knee with Synvisc. The district court excluded the testimony of the plaintiffs’ experts, Doctors Millet and Coco, under the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc. 1 The district court concluded that without the testimony of their two witnesses, the plaintiffs could not establish…

2Cases cited15 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  4. United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
  5. Seatrax, Inc. v. Sonbeck International, Inc.Court of Appeals for the Fifth Circuit · 2000

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3Cited by701 opinions

  1. Knight v. Kirby Inland Marine Inc.Court of Appeals for the Fifth Circuit · 2007
  2. Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  3. Mississippi Transp. Comm'n v. McLemoreMississippi Supreme Court · 2003
  4. I4i Ltd. Partnership v. Microsoft Corp.Court of Appeals for the Federal Circuit · 2010
  5. Burleson v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2004

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