Untested Hypotheses: Only As Strong As The Expert Witness

Law360, New York (August 20, 2012, 1:09 PM EDT) -- Kuhn v. Wyeth Inc. — one of the many hormone replacement therapy (HRT)-induced breast cancer claims unleashed after one arm of the U.S. Women's Health Initiative (WHI) revealed that the risks of HRT outweighed any benefits — is another case in which a court has concluded that a reasonable though untested hypothesis is good enough for Daubert purposes.

The WHI was the first randomized controlled trial (RCT) to examine the effects of HRT on breast cancer risk, and it remains the most powerful study yet to...
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