Discuss The Case of Daubert v. Merrell Dow Pharmaceuticals
Discuss the case of Daubert v. Merrell Dow Pharmaceuticals (1993) with your classmates in the weekly discussion topic. Using appropriate terminology, discuss the background, participants, and historical significance of the case for current forensic psychologists and examiners. In the review of the case, identify a component of the Daubert standard that is believed to be the most influential in your selection of psychological tests in forensic practice.
The case revolves around children born with congenital disabilities due to the ingestion of Bendectin by the mother during her prenatal stage. The complainants being the Daubert family and the respondents being the Merrell Dow pharmaceuticals. According to the mother, she was given the drug and led to her children being born with permanent defects. It made the family come to the law courts to seek compensation for the trauma she and her family have gone through("Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).", 2021). A summary judgment was granted to the respondent due to a lack of sufficient evidence. According to experts who spoke during the proceedings, utilizing Bendectin portrays zero effects to pregnant women; thus, the accusations against the respondent did not hold water. According to the court, scientific techniques are acceptable and reliable, but all evidence presented by the complainants lacked.
The case participants are two minors, their parents, and the respondent. Additionally, some professionals gave witness to the court. The case plays a vital role in ensuring that false accusations do not quickly acknowledge("Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).", 2021). Despite having charges, it is essential to have solid evidence to justify your issue. In the instance of the complainer, the accusations were based on self-belief rather than scientific evidence supporting her claim. The evidence presented was based on unpublished statistics; thus, it could not be presented as concrete evidence against the respondent. According to Rule 702, credible scientific testimony is mandatory, and the judge ought to assess the validity based on rule 104.
Most significant Daubert standard to the selection
The most significant standard would be whether the presented data has been subjected to publication and peer review. Typically, scholars conduct new research constantly, showing how the evolution of information(Cappellino, 2021). It is mandatory to ensure that the study is peer-reviewed. Furthermore, both positive and negative criticism ought to be welcomed, ensuring that research attains the required threshold. Thereafter, the research can be published after rectification. Doing so allows the presentation to the masses easily since fellow scholars have approved the discovery(Cappellino, 2021). Failure in doing so makes research to be assumed as a mare article based on individual opinion; therefore, it cannot be utilized as factual evidence. The above reason makes publication and peer-reviewing research a significant aspect that should be considered.
Cappellino, A. (2021). The Daubert Standard: A Guide To Motions, Hearings, and Rulings. Expertinstitute.com. Retrieved 6 May 2021, from https://www.expertinstitute.com/resources/insights/the-daubert-standard-a-guide-to-motions-hearings-and-rulings/.
Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).. Law.cornell.edu. (2021). Retrieved 6 May 2021, from https://www.law.cornell.edu/supct/html/92-102.ZS.html.
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