Fifth Circuit Requires Daubert "Inquiry" Upon Proper Objection

In a case of first impression, the Fifth Circuit joins other circuits in holding that, following a timely objection, a trial court is required to conduct a Daubert inquiry and make findings on the record. Carlson v. Bioremedi Therapeutic Systems, No. 14-20691, 2016 U.S. App. LEXIS 8951 (5th Cir. May 16, 2016).

Carlson suffered amputation of one leg and the heel of his opposite foot after being treated with Defendant's product, the ProNeuroLight. He brought a products liability suit. Defendant's only witness at trial was a chiropractor who had examined Carlson and had been trained to use the ProNeuroLight. Before trial, Carlson moved to exclude the chiropractor's testimony. The district court denied the motion without explanation. Carlson also objected at trial to the chiropractor's testimony. The jury found for the defendants. Carlson appealed, challenging the admission of the expert testimony.