Home Summary Science, Law, and the Search for Truth in the Courtroom: Lessons from Daubert v. Merrell Dow By Joan E. Bertin and Mary S. Henifin The legal system has many flaws, one of which is the inability of judges and juries to distinguish �good� science from �bad�. In many court cases, specifically toxic torts � where the user has been �poisoned� by the manufacturer�s product and wants compensation � scientific data is brought into the courtroom by the plaintiff and/or the defendant. The court rules state that only valid scientific evidence should be accepted, but where is the line drawn separating valid from non-valid evidence? Also, what should the court do when reputable scientists have contradictory opinions? How does it decide which scientist�s opinion is based on �good�/ �bad� science? The Daubert case is a good example of this dilemma. The case involved a dispute over whether Bendectin, an anti-nausea drug used during pregnancy, caused birth defects. The plaintiffs offered expert opinions based on in vivo and in vitro animal studies, chemical structure analysis, a......

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