Castillo v. E I Dupont et al

93-14199 3D96-2486 3D96-2489 SC00-490
February 17, 1997
Final judgment
United States, Florida

John Castillo, a minor by and through her mother, Donna Castillo, Juan Castillo
Dupont De Nemours, Pine Island Farms
James L. Ferraro, Elizabeth K. Russo, Ana Rivero, Philip D. Parrish, Joel S. Perwin

Civil court
Benlate, Benomyl, Fungicide
Prove the link between Mrs Castillo' exposure to benlate during pregnancy and his child's malformations.
Supreme Court of Florida, United States

July 10, 2003
The supreme court quashes the Third District's decision that excluded plaintiff's expert testimony.

Plaintiffs sue DuPont, manufacturer of fungicide Benlate (active ingredient benomyl), which they allege caused their child's teratogenic birth defects, due to the mother's exposure while pregnant, in 1993. On June 7, 1996, Circuit Court (Dade County, Florida) considers that Dupont and Pine Island are responsible for the malformations of Castillo's child and awards $4 million; DuPont 99.5 %, Pine Island 0.5%. The companies appeal the Final Judgment entered on the denial of their motions for judgment notwithstanding the verdict and/or new trial. On February 9, 2000, the District Court of Appeal of Florida holds that plaintiffs' scientific evidence, and the conclusions it embraces, should have been excluded, as the methodology used to obtain them is not generally accepted in the relevant scientific community, reverses the final judgments entered against the companies ands remand with directions to enter judgments for the defendants. On July 10, 2003 , the Supreme Court of Florida quashes the District Court of Appeal decision.