It has been 17 years since the U.S. Supreme Court set the federal evidentiary standard for scientific evidence in Daubert v. Merrell Dow Pharmaceuticals, a pharmaceutical case where the issue was the causal nexus between the injury and the drug. The decision was an effort to separate mere speculation from reliable science.
In those 17 years, the application of the Daubert standard has evolved from a simple test to complex and time consuming motion practice, sometimes with unpredictable results. This is particularly true in pharma cases, where causation is almost always an issue.
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