Differential Diagnosis - Trending Toward Exclusion?


The recent decisions of Perry v. Novartis[1] and Zandi v. Wyeth[2] signify a trend towards courts excluding unreliable expert witness testimony based on differential diagnosis in toxic tort cases. Each of these courts concluded that, although differential diagnosis can be a generally accepted method for determining causation, the proffered expert witnesses improperly and unreliably applied the methodology in these cases by failing to account for unknown causes of the plaintiffs' alleged injuries.

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