The Seventh Circuit held that whether expert testimony is a ?fit? is a question for the court, not the jury. In Owens v. Auxilium Pharmaceuticals, Inc., 895 F.3d 971 (7th Cir. 2018) plaintiff claimed that a drug manufactured by the defendant was responsible for his injury. His expert testified that it was but did so on the assumption that he did as directed. However, the plaintiff testified that he used the medication for less than a prescribed dose of the drug and did not apply the medication as directed. The district court excluded the expert?s testimony and entered summary judgment for the plaintiff. Plaintiff contended that questions regarding an expert?s use of faulty assumptions or data should be left to the jury to decide the Court of Appeals disagreed, saying…
?Whether an expert?s approach lines up with the basic facts of the case those to the relevance and admissibility of the testimony itself. Gatekeeping of this sort is properly left to the court?.the district court therefore did not abuse its discretion by excluding the testimony.?