Law360, New York (November 04, 2009) -- The recent decisions of Perry v. Novartis[1] and Zandi v. Wyeth[2] signify a trend toward 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...
