X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED SEPTEMBER 9, 2008

Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled-and Heidi ingested-a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in her health, so she and her husband, Kent, sued Walmart. After an eight-day trial, a jury awarded the Happels $465,400 in compensatory damages. But the plaintiffs argue here that the trial court made two significant errors that reduced the total damage award. First, they contend that the trial court should have allowed them to present expert witness testimony to demonstrate that the allergic reaction to the prescription drugs exacerbated Heidi’s condition. Second, the court should not have used a verdict form that allowed the jury to combine damages for Heidi and Kent rather than providing for separate awards. We agree with the trial court’s decision to exclude the testimony of the plaintiffs’ experts because the plaintiffs failed to properly disclose one in violation of Federal Rule of Civil Procedure 26 and the other’s expertise and methodology did not comply with the Daubert standard. As to damages, we reverse and remand for a new trial so that the Happels can seek separate damage awards.

 
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

Premium Subscription

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

Team Accounts

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

Bundle Subscriptions

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

BenefitsPRO Broker Expo 2022

May 23, 2022 - May 25, 2022
Austin, TX

The premier educational and networking event for employee benefits brokers and agents.


Learn More

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Attorney


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...


Apply Now ›

GENERAL LIABILITY ATTORNEY


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys withdeposition experience to handle com...


Apply Now ›

CORPORATE ATTORNEY (8+ Years) - REMOTE, CT


We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›