X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
[PUBLISH]

Before CARNES, HULL and ANDERSON, Circuit Judges.

Plaintiff-Appellant Rhonda Hendrix alleges that her son, G.P., sustained traumatic brain injuries when a child restraint system manufactured by Defendant-Appellee Evenflo Company, Inc., (“Evenflo”), malfunctioned during a minor traffic accident. Hendrix further alleges that those brain injuries caused G.P. to develop autism spectrum disorder (“ASD”) and a spinal cord defect known as syringomyelia. The district court excluded testimony from two of Hendrix’s expert witnesses that the accident caused G.P.’s ASD. The district court concluded that the methods used by Hendrix’s experts were not sufficiently reliable under Daubert v. Merrell Down Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993).Hendrix v. Evenflo Co., Inc., 255 F.R.D. 568 (N.D. Fla. 2009). The district court then granted partial summary judgment to Evenflo on Hendrix’s compensatory damages claim, determining that without the excluded testimony there was no reliable evidence to support Hendrix’s theory that the accident caused G.P.’s ASD. Hendrix voluntarily dismissed, with prejudice, her remaining damages claims and filed a notice of appeal.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The New Jersey State Commission of Investigation (SCI) is seeking an experienced and visionary leader to serve as its next Executive Directo...


Apply Now ›

We are a boutique firm specializing the area of real estate law and handling both litigation and transactional matters. We are seeking an as...


Apply Now ›

Rabb, Hamill, P.A, located in Woodbridge, NJ, seeks an experienced NJ licensed Personal Injury Trial attorney. The successful candidate wi...


Apply Now ›