Hein v. Merck & Co., Inc.
The court considered a motion in limine to exclude the testimony of Dr. Richard A. Palfin regarding hedonic damages. Applying the Daubert standard, the court evaluated the reliability and validity of his methodology, which included wage studies, consumer purchasing patterns, and surveys. The court found significant issues with the testability, peer review acceptance, error rate, and underlying assumptions of hedonic damages valuation. Citing other court decisions rejecting similar expert testimony, the court concluded that such testimony is unreliable, invalid, and not helpful to the jury. Therefore, the motion to exclude Dr. Palfin's testimony was granted.