November 2000 - Pfizer Wins Dismissal Of Suit Alleging Viagra Caused Heart Attack
A sixty-year-old plaintiff brought a products liability action against Pfizer Inc. alleging that he suffered a heart attack in 1998 as a result of taking Viagra. Mr. Selig claimed he had no history of heart problems moved the court to allow him to call his doctor as an expert.
Pfizer timely objected, contending Selig's proposed expert testimony was inadmissible because it was not based on a methodology generally accepted in the scientific community.
The court granted the defendants' motion for the summary judgment. A New York trial court found that the plaintiff could not establish that the pill caused him to suffer a heart attack. Selig et al. v. Pfizer Inc., No. 112891/98 (N.Y. Sup. Ct., New York County, Sept. 13, 2000).
The court concluded that plaintiff Robert Selig's proposed expert testimony on causation was inadmissible because it was not based on a methodology generally accepted in the scientific community. See Frye v. United States, 293 F. 1013 (D.C. Cir., 1923).
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