Vargas v. Lee, 317 F.3d 498 (5th Cir. 2003). In suit against truck driver and trucking company, plaintiff offers Dr. Edward M. Gaber, who opines that plaintiff's fibromyalgia was caused by trauma sustained in accident. District court admits testimony and jury awards damages to plaintiff. Admissibility reversed.
Washburn v. Merck & Co., No. 99-9121 (2d Cir. May 1, 2000) (unpublished). Woman develops arthropathy, chronic pain syndrome, and fibromyalgia after receiving rubella vaccination. In suit against vaccine manufacturer, woman offers three physicians who opine that vaccination caused symptoms. District court excludes testimony from all three and awards summary judgment. Exclusion affirmed.