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Most of us assume that only experts may offer "expert" testimony in court. Wrong.

          More and more, so-called "experts" are called to testify who have little or no basis for their opinions.

          Sadly enough, it's all perfectly legal.

          If your "expert's" resume shows general expertise - then practically any opinion that person utters, whether it's scientifically based or just conjecture, becomes legitimate testimony.

          I call it "junk science." And as the litigation explosion expands in this country, the resulting "junk law" is pervading our courtrooms - not to mention the lives and welfare of those unjustly accused of causing injury. The penalized victims are America's workers and consumers.

          Examples abound. For instance, breast implants: the growing body of scientific evidence simply does not support allegations that they cause all the maladies they've been accused of causing. But misinformation is spread in courtrooms and through the media - regardless of documented truth.

 

           How about the "power lines cause cancer" witch hunt - or the Alar-treated apples scare that nearly threw thousands of innocent growers out of work - or the charge against the Audio 5000 for an acceleration syndrome that was, millions of dollars later, shown to be false. Or Bendectin, a legitimately helpful medicine pulled off the market because of ungrounded court testimony and unfounded press coverage, even though it never lost a case.

          There are many others. Cases built on the testimony of so-called experts who claim pedicle screws are defective - in spite of having no scientific evidence, an din the face of their recommended use by respected orthopedic surgeons.

          Just imagine the products Americans will never have the benefit of because of junk science.

          Everyone knows that junk science can be stopped - by ethical lawyers and stronger judicial gatekeeprs. The Washington Legal Foundation, through its participation in court cases and its educational publishing and programs is striving for a balanced and reasonable judiciary.

          I hope, for the sake of truth and justice, that others follow.

Dick Thornburgh

Former
US Attorney General

Former Governor
of Pennsylvania

Counsel to
Kirkpatrick & Lockhart LLP

 

 

 

 

 

 

 

 

 

A public service message brought to you by

Washington Legal Foundation
Free enterprise advocates with
public interest know how.

2009 Massachusetts Avenue, NW
Washington, DC 20036



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