Working Group B — Demystifying and Defeating Junk Science in the Courtroom: Techniques to Identify and Challenge Unreliable Evidence

Dec 2, 2024 1:30 pm – 05:00 pm

Working Groups are offered in-person only.

Junk science – literature developed for litigation – continues to be problematic in drug and device litigation matters and is seen as a hindrance to innovation. Unchecked junk science erodes public trust, overwhelms the judicial system with meritless cases, and jeopardizes companies that produce essential medical device products and pharmaceutical drugs. In this comprehensive workshop, our experts will lead an interactive discussion on ways to recognize and prevent junk science from entering the courtroom, such as:

  • Examining the rise of consumer-based “damages only” claims that are based on junk science
  • Determining the correlation between junk science and:
    • Plaintiff advertising
    • Litigation funding
  • Exploring the methodologies associated with differential diagnosis and etiology
  • Understanding how the lack of scientific sophistication leads to unreliable expert evidence that makes its way into the courtroom
  • Deciphering legitimate scientific opinions from junk science
  • Developing an understanding of the difference between medical causation and legal causation – and the scientific methodologies used to establish the causation
  • Recognizing unrealistic product testing
  • Preventing the admission of evidence that lacks relevant documentation, substantiation, and statistically significant data
  • Rigorously scrutinizing questionable testing practices and potential conflicts of interest