Differential Diagnosis - Trending Toward Exclusion?

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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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Published In: Civil Procedure Updates, Science, Computers & Technology Updates, Toxic Torts Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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