Pritchard v. Dow Argo Sciences’s Empirical Analysis
2009
Citation profile
1 district ·
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Pioneer Investment Services Company v. Brunswick Associates Limited Partnership · Michael Meyers, Individually and as Representative of a Class v. Pennypack Woods Home Ownership Association and Marion A. Steinbronn · Nicholas v. Pennsylvania State University · Bogosian v. Gulf Oil Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“19. ... The Defense Experts have pointed out that Mr. Pritchard’s elevated body mass index and his diabetes mellitus should be considered as factors contributing to his NHL, but they have not opined that these factors constitute a sufficient or sole cause of the disease. 20. Although obesity and diabetes are both associated with an elevated risk of NHL, the incidence of NHL among persons who are overweight or suffer from diabetes is nevertheless very low, so that these factors cannot be considered sufficient or sole causes of the disease. Rather, as a matter of generally accepted practice in the field of pathology, such factors should be considered as part of the “genetic makeup, proclivities and vulnerabilities” in the context of which the established pathogenicity of the compounds in question operate.”
1 later decision quote this exact passage · from the majority“[t]he method used to determine causation in this case is a form of the widely accepted method of differential diagnosis. With respect to a causation determination, and in the field of anatomic and clinical pathology, the method would more accurately be termed “differential etiology.” This method involves attribution of patient-specific disease etiology to a patient history of substantial exposure to a known pathogen based on biologic plausibility, as established by studies or reports linking that pathogen and/or related chemicals to the disease in question and/or related disease processes. This method is generally accepted across disciplines in the field of medicine, and in the discipline of anatomic and clinical pathology in particular.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.