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Daubert Paper

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Daubert Paper
Lisa Boetta
Acct343-F1WW
Tricia Bell
October 27, 2013

The Dauber standard is the standard used by trial judges to determine if an expert witness’ testimony is based on scientifically backed up reasoning and if it can be applied to the facts of the case at hand. There are multiple factors to determine if the criterion has been met. They are: “(1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4) the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community”. (Daubert Standard) In Daubert vs. Merrell Dow Pharmaceuticals, suit was brought against the makers of Bendectin. It was alleged that the drug caused serious birth defects in children whose mothers had taken it while pregnant. Copious amounts of published scientific literature stated that there was not a link between the consumption of Bendectin and birth defects in humans. Eight well credentialed experts testified that Bendectin can cause side effects in animals as well as in humans, however, their testimony was deemed by the court to not meet general acceptance standards for the admission of expert testimony. Since their findings have not been published by the scientific community, they were not considered to be generally accepted (Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S. 579 (1993). ). The Daubert standard was then combined with two other cases in Rule 702 of the Federal Rules of Evidence. This is now referred to as the Daubert trilogy. The second in the trilogy is General Electric vs. Joiner, where Joiner sued the Georgia state court after being diagnosed with small-cell lung cancer. Joiner argued that his cancer was promoted by his

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