context: An expert could do this by having his reanalysis published in a peer-reviewed journal or by pointing to methodological flaws in the published study and explaining how she corrected them. However, an expert cannot simply, without any explanation for rejecting a published, peer-reviewed analysis, conduct his own "reanalysis" solely for the purposes of litigation and testify that the data support a conclusion opposite that of the studies' authors in a peer-reviewed publication.
citation_a.signal: see also
citation_a.identifier: 770 F.Supp. 1561, 1579
citation_a.parenthetical: "A scientific study not subject to peer review has little probative value."
citation_a.sentence: Div. of Richardson-Merrell, Inc., 646 F.Supp. 856, 865 (D.Mass.1986) (“Even if this Court were to find the methodology of Dr. Swan’s re-analysis credible, this Court still could not accept result-oriented reanalysis of epidemiological studies ..., such as that performed here by Dr. Swan, as reliable data upon which to base an opinion on causation.”), aff'd, 830 F.2d 1190 (1st Cir.1987); see also Smith v. Ortho Pharm. Corp., 770 F.Supp. 1561, 1579 (N.D.Ga.1991) (“A scientific study not subject to peer review has little probative value.”).
citation_b.signal: see
citation_b.identifier: 897 F.2d 1159, 1162-63
citation_b.parenthetical: rejecting testimony of "the plaintiffs epidemiology expert ... [who] tried to refute the validity of the published epidemiological data through her own unpublished reanalysis"
citation_b.sentence: See Ealy v. Richardson-Merrell, Inc., 897 F.2d 1159, 1162-63 (D.C.Cir.1990) (rejecting testimony of “the plaintiffs epidemiology expert ... [who] tried to refute the validity of the published epidemiological data through her own unpublished reanalysis”); Lynch v. Merrell-Nat’l Labs.