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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.
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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.
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Dick
Thornburgh
Former
US Attorney General
Former
Governor
of Pennsylvania
Counsel
to
Kirkpatrick & Lockhart LLP
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