Summary
excluding causation opinions of Dr. Davidson because they do not meet standards of admissibility
Summary of this case from In re Zicam Cold Remedy Mktg., Sales PracticesOpinion
No. 07-2404-JPM/tmp.
March 31, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is the Report and Recommendation of Magistrate Judge Tu M. Pham, submitted November 9, 2008 (D.E. 60), recommending that Defendants' Motion to Exclude the Expert Report and Testimony of Terence M. Davidson, M.D. (D.E. 31) be granted.
In determining that such action is appropriate, the Magistrate Judge found that Davidson's testimony that Zicam caused Plaintiff's anosmia was unreliable because (1) the studies upon which Davidson relied do not support the argument that Zicam can reach the olfactory epithelium when used as directed and (2) Davidson could not offer any scientific support for his belief that Zicam is capable of reaching the olfactory epithelium. The Magistrate Judge therefore found Davidson's testimony to be unreliable and unhelpful to Plaintiff's burden of proving both general and specific causation. Accordingly, the Magistrate Judge recommended excluding Davidson's testimony.
No objections to the Report and Recommendation have been filed, and the time for filing objections has since expired. Upon de novo review of the Magistrate Judge's Report and Recommendation, the Court ADOPTS the Magistrate Judge's Report and Recommendation in its entirety and EXCLUDES the testimony of Terence M. Davidson, M.D.
So ORDERED.