Abstract
Today’s newest growth industry-environmental health litigation-is straining our court system’s search for the truth. The newness of the subject matter has spawned an abundance of inexpert experts coming before courts which are unprepared to discern valuable from misleading testimony. As a result, scientifically worthless testimony, misleading rather than helpful to the triers of fact, abounds. Here we will consider the proper role of modern science in the assessment of environmentally caused illnesses. We will see how offhanded, nonscientific testimony is often admitted in violation of Federal Rules of Evidence against such admissions. Finally, I shall present recommendations to permit the courts to assess the methodology employed, and hence, the admissibility, of evidence presented by medical expert witnesses in these proceedings.
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