Fuesting v. Zimmer, Inc.’s Empirical Analysis
421 F.3d 528 · 2005
Citation profile
10 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 31 later decisions — most recently March 2021 · most notably Naeem v. McKesson Drug Co. (2006), American Honda Motor Co. v. Allen (2010)
10 federal appellate · 3 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · General Electric Co. v. Joiner · McDonald v. Village of Winnetka · Cummins v. Lyle Industries
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(6) whether “maintenance standards and controls” exist; (6) whether the testimony relates to “matters growing naturally and directly out of research they have conducted independent of the litigation,” or developed “expressly for purposes of testifying”; (7) “[wjhether the expert has unjustifiably extrapolated from an accepted premise to an unfounded conclusion”; (8) “[wjhether the expert has adequately accounted for obvious alternative explanations”; (9) “[wjhether the expert is being as careful as he would be in his regular professional work outside his paid litigation consulting”; and (10) “[wjhether the field of expertise claimed by the expert is known to reach reliable results for the type of opinion the expert would give.””
7 later decisions quote this exact passage · from the majority“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”
3 later decisions quote this exact passage · from the majority“with respect to Fuesting’s implant in particular, what quantum of each variable is required to set this agreed upon chain reaction in motion. How much radiation does it take to cause oxidation, and to what degree? How much oxidation must occur to render polyethylene more susceptible to delamination? And once polyethylene becomes more susceptible to delamination, how then does oxidation affect delamination? Are all forms of polyethylene, including that used by Zimmer (which the company claims to be oxidation-resistant), susceptible to delamination? What effect, if any, does implantation into the human body have on the rate of oxidation?”
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.