1. Evelyn Heinrich, on behalf of her husband, George Heinrich, and Henry M. Sienkewicz, on behalf of his mother, Eileen Rose Sienkewicz Jr., Plaintiffs, Appellants, Cross-Appellees, Rosemary Gualtieri, on behalf of her father, Joseph Mayne, and Walter Carl Van Dyke, Representative of the Estate of Walter Carmen Van Dyke, Plaintiffs, Appellants, v. Elizabeth Dutton Sweet and Frederick H. Grein Jr., Representatives of the Estate of William H. Sweet, M.D., and Massachusetts General Hospital, Defendants, Appellees, Cross-Appellants, United States of America, Defendant, Appellee, Estate of Lee Edward Farr, Associated Universities, Inc., and Massachusetts Institute of Technology, Defendants, 308 F.3d 48, 66 (2002 decided), As amended September 16, 2002. US Supreme Court certiorari denied by Heinrich v. Sweet, 2003 U.S. LEXIS 4433 (U.S., June 9, 2003).
2. Heinrich ex rel. Heinrich v. Sweet, 308 F.3d 48, 66 (2002).
3. Judge Lynch noted that the expert had failed to differentiate between the state of knowledge before the research in question was conducted and the state of knowledge after the research in question had been conducted. That is, the historical strand of reasoning, which provided an underpinning of the ethics reasoning, was flawed. Judge Lynch reasoned that, in part because of that flaw, the jury verdict for the survivors should be vacated. Heinrich ex rel. Heinrich v. Sweet, 308 F.3d 48, 66 (2002).
4. F. R. Evid. 702: Testimony by Experts: 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. As amended effective December 1, 2000.
5. Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993).