The expert witness. Neither Frye nor Daubert solved the problem: What can be done?

Science and Justice - Journal of the Forensic Science Society

Volumn 41, Issue 1, 2001, Pages 7-20

  Kaufman, H H ^a,b  

^a WEST VIRGINIA UNIVERSITY SCHOOL OF MEDICINE   (United States)

^b GEORGETOWN UNIVERSITY LAW CENTER   (United States)

Author keywords

Bendectin; Daubert; Expert testimony; Expert witness; Federal Rules of Evidence; Forensic science; Frye; Silicone breast implants

Indexed keywords

ANTIHISTAMINIC AGENT; BENDECTIN; DEBENDOX; SILICONE; SPASMOLYTIC AGENT;

ARTICLE; BIRTH DEFECT; BREAST ENDOPROSTHESIS; EXPERT WITNESS; FOOD AND DRUG ADMINISTRATION; FORENSIC SCIENCE; LAW SUIT; LEGAL LIABILITY; MALPRACTICE; SILICONE PROSTHESIS; TERATOGENESIS;

EID: 0035145387     PISSN: 13550306     EISSN: None     Source Type: Journal    
DOI: 10.1016/S1355-0306(01)71844-8     Document Type: Article

References (94)

1. Expert evidence
2. Scientific expert testimony and intellectual due process
3. Scientific evidence in the courtroom; The death of the Frye rule
4. The bendectin litigation: A case study in the life cycle of mass torts
5. From science to evidence: The testimony on causation in the bendectin cases
6. Blindfolding the jury to verdict consequences: Damages, experts, and the civil jury
7. Silicone breast implants: Can emerging judicial, legal, and scientific concepts be reconciled
8. Lawsuit science: Lessons learned from the silicone breast implant controversy
9. Breast implants and the FDA: Past, present and future
10. The basis of the FDA's decision on breast implants
11. Breast implants revisited: Beyond science on trial
12. The time has come for doing science: A call for the rigorous application of Daubert standards for the admissibility of expert evidence in the impending silicone breast implant litigation
13. His and her tort reform: Gender injustice in disguise
14. Implant suit settled for $3.2 B. Judge OKs Dow coming agreement
15. Mass tort makeover?
16. Payments detailed in implant lawsuit
17. Understanding mass personal injury litigation: A social legal analysis
18. Assessing the fitness of novel scientific evidence in the post-Daubert era
19. Is science a special case? The admissibility of scientific evidence after Daubert v. Merrell dow
20. Science and the law in the wake of Daubert
21. The movement from Frey to Daubert: Where do the states stand?
22. Head injury: Presence of confounding factors and variability of course
23. Outcome research and surgeons
24. Outcomes research: A review
25. Conceptualization and measurement of quality of life as an outcome variable for health care intervention and research
26. A checklist for judging preference-based measurers of health related quality of life: Learning from psychometrics
27. Measuring quality of life: Methodological issues
28. Measuring the effect of medical intervention
29. Health-related quality of life as an outcome in organizational research
30. Performance measurement in cancer care: Uses and challenges
31. The interpretation of results of economic evaluation: Explicating the value of health
32. Health policy approaches to measuring and valuing human life: Conceptual and ethical issues
33. QALYs and medical ethics - A health economist's view
34. Methodological issues linking costs and outcomes
35. Guarding the guardians: Research on editorial peer review, selected proceedings from the first international congress on peer review in biomedical publication
36. The second international congress on peer review in biomedical publication
37. Evaluating peer reviews, pilot testing of a grading instrument
38. Development of the review quality instrument (RQI) for assessing peer review of manuscripts
39. Measuring the quality of trials, the quality of quality scales
40. The standard of reporting trials group, a proposal for structured reporting of randomized controlled trials. The standards of reporting trials group
41. Consort: An evolving tool to help improve the quality of reports of randomized control trials. Consolidated standards of reporting trials
42. Basic philosophy and concepts underlying scientific peer review
43. The urgent need to improve health care quality: Institute of medicine national roundtable on health care quality
44. Understanding geographic variations in health care delivery
45. Different doctors make decisions in different ways
46. Science and uncertainty in mass exposure litigation
47. Mass trials in mass tort cases