Daubert Test

Daubert test is employed by federal courts to verify the admissibility of expert testimony.

Particularly, the testimony’s reasoning is assessed regarding its scientific validity and applicability to the issue. This is named after the case “Daubert v. Merrell Dow Pharmaceuticals” in which the case was removed due to submitted evidences which were not scientifically based. The plaintiffs, Daubert and Schuller claimed that they had limb deformities because of Bendectin, an anti-nausea medication, which their mothers took when they were pregnant with them. However, the studies which were presented were not peer-reviewed or published and the FDA did not list the drug as dangerous for pregnant women; hence, the evidences were deemed inadmissible.

Add flashcard Cite Random