Tylenol.

 

For multidistrict litigation (MDL) to move forward to trials, we must understand Daubert, Rule 702 and the role of the judge in determining the admissibility of expert testimony. The use of expert testimony in the litigation process has been going on for centuries. Acknowledging the need for a check against the admission of unqualified experts and "junk science," between 1923 and 1993, state and federal courts primarily followed the standard laid out in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). Under Frye's general acceptance test, expert opinion based on a scientific technique is admissible only where the technique is generally accepted as reliable in the relevant scientific community. The court must determine whether the method by which the evidence was obtained was generally accepted by experts in the particular field in which it belongs.