Pipitone v. Biomatrix, Inc.

While exercising its role as a gate-keeper, a trial court must take care not to transform a Daubert hearing into a trial on the merits.

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As amended April 30, 2002

Thomas Pipitone and his wife, Bonnie, brought suit against Biomatrix, Inc. (“Biomatrix”), alleging that a product that Biomatrix manufactures, known as Synvisc, 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..*fn1 The district court concluded that without the testimony of their two witnesses, the plaintiffs could not establish their case and granted summary judgment in favor of Biomatrix. Because we conclude that the district court abused its discretion in excluding the testimony of Dr. Coco, we reverse the district court’s grant of summary judgment in favor of Biomatrix and remand the case to the district court.

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Pipitone v. Biomatrix, Inc.

While exercising its role as a gate-keeper, a trial court must take care not to transform a Daubert hearing into a trial on the merits.

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