Daubert

On remand from the United States Supreme Court, we undertake “the task of ensuring that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” Dauberb v. Merrell Dow Pharmaceuticals, Inc., — U.S. -, -, 113 S.Ct. 2786, 2799 , 125 L.Ed.2d 469 (1993).

I

A. Background

Two minors brought suit against Merrell Dow Pharmaceuticals, claiming they suffered limb reduction birth defects 1 because their mothers had taken Bendectin, a drug prescribed for morning sickness to about 17.5 million pregnant women in the United States between 1957 and 1982. See Resp’t’s Br. on Writ of Cert. at 2; Turpin v. Merrell Dow Pharmaceuticals, Inc., 959 F.2d 1349, 1350 (6th Cir.1992). This appeal deals with an evidentiary question: whether certain expert scientific testimony is admissible to prove that Bendectin caused the plaintiffs’ birth defects.

For the most part, we don’t know how birth defects come about. We do know they occur in 2-3% of births, whether or not the expectant mother has taken Bendectin. See Jose F. Cordero & Godfrey P. Oakley, Jr., Drug Exposure During Pregnancy: Some Epidemiologic Considerations, 26 Clinical Obstetrics & Gynecology 418, 424-25…