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Independent safety experts are heroes, not 'junk scientists'.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
They exposed the dangers of fuel tanks behind the axles of Pinto wagons and outside the frame rails of pickup trucks. They observed the replacement of Firestone tires on Ford Explorers abroad and helped bring about a recall in the United States. Their testing revealed the instability of sport utility vehicles and the ongoing hazard posed by seat backs that collapse in minor crashes. And they alerted the nation that certain air bags were unsafe for children, leading to the design of safer models.

They are independent automotive safety experts, who operate without a dime in funding from the auto industry. In fact, the industry spends millions each year trying to discredit them. These experts are heroes, and they save lives. Their research, funded by people who have been hurt and maimed, exposes the causes of unnecessary injuries and identifies ways to avoid repeating them.

But these researchers are also the reason the manufacturing industry has mounted a propaganda campaign against "junk science." The industry has pushed to keep juries from hearing about independent scientific research by challenging the admissibility of expert evidence under Daubert v. Merrell Dow Pharmaceuticals, Inc. (1) And there is evidence that some courts are treating these experts with increasing skepticism.

That is unfortunate. One extremely valuable contribution of our tort system...

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