• The Admissibility of Expert Testimony When the Expert Fails to Address Alternative Causes of Injury
  • February 12, 2007 | Author: Alden L. Atkins
  • Law Firm: Vinson & Elkins LLP - Washington Office
  • Testimony of an expert witness can be very powerful. But with its power comes danger because juries have great difficulty discerning genuine from junk science. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 595 (1993). Sometimes an expert's opinion seems grounded on little more than the expert's inflated resume and say-so. One circumstance where that problem arises is when there is more than one plausible explanation for the plaintiff's injury, but the expert reaches the conclusion favoring his client without ruling out other potential causes of the injury. Can such conclusion-driven testimony be excluded? There is a body of case law holding that it can.