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SUPREME COURT OF THE UNITED STATES
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No. 92-102
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WILLIAM DAUBERT, et ux., etc., et al., PETITION-
ERS v. MERRELL DOW PHARMACEUTICALS, INC.
on writ of certiorari to the united states court
of appeals for the ninth circuit
[June 28, 1993]
  Justice Blackmun delivered the opinion of the Court.
  In this case we are called upon to determine the standard for
admitting expert scientific testimony in a federal trial.
                            I
  Petitioners Jason Daubert and Eric Schuller are minor children born
with serious birth defects.  They and their parents sued respondent in
California state court, alleging that the birth defects had been
caused by the mothers' ingestion of Bendectin, a prescription anti-
nausea drug marketed by respondent.  Respondent removed the suits to
federal court on diversity grounds.
  After extensive discovery, respondent moved for summary judgment,
contending that Bendectin does not cause birth defects in humans and
that petitioners would be unable to come forward with any admissible
evidence that it does.  In support of its motion, respondent submitted
an affidavit of Steven H. Lamm, physician and epidemiologist, who is a
well-credentialed expert on the risks from exposure to various
chemical substances.  Doctor Lamm stated that he had reviewed all the
literature on Bendectin and human birth defects-more than 30 published
studies involving over 130,000 patients.  No study had found Bendectin
to be a human teratogen (i.e., a substance capable of causing
malformations in fetuses). On the basis of this review, Doctor Lamm
concluded that maternal use of Bendectin during the first trimester of
pregnancy has not been shown to be a risk factor for human birth
defects.
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