Missouri should dump the use of junk science in its courtrooms

Missouri patients deserve confidence that the science presented in our courtrooms is credible, reliable and grounded in evidence.

When unreliable expert testimony is allowed to influence juries, the consequences extend far beyond the courtroom. Manufactured claims can scare patients away from proven treatments and make medical innovators think twice about investing in research and development in Missouri, ultimately limiting access to tomorrow’s lifesaving therapies.

Missouri has worked hard to build a reputation as a great place to live, raise a family and do business. Protecting that reputation requires our legal system to reflect that same commitment. Updating Missouri’s expert testimony standards to align with the most up-to-date federal standard will protect patients, consumers and innovation, and it will keep manufactured science out of our courtrooms.

In 2017, Missouri aligned its expert testimony standard with Federal Rule of Evidence 702, bringing greater consistency with federal courts and helping ensure that expert witnesses rely on reliable scientific methods rather than speculation.

However, Rule 702 was amended in December 2023 to clarify a critical principle: judges — not juries — must determine whether an expert’s opinions are based on reliable methods and have been properly applied before testimony reaches the courtroom. The amendment strengthened the judge’s role as the gatekeeper against unreliable scientific evidence.

Unfortunately, Missouri has yet to update its evidence admissibility standard to reflect the 2023 amendment.

Although state Sen. Jamie Burger introduced legislation during this year’s legislative session, it did not pass before the Missouri General Assembly adjourned.

For too long, litigation-driven science has found its way into high-stakes court cases. Unlike rigorous, peer-reviewed research, these opinions are often developed for lawsuits rather than scientific discovery. Once introduced into the courtroom, unsupported claims often extend beyond the verdict. They can fuel a broader cycle of misinformation, amplified through news coverage, social media and public discussion, creating lasting reputational damage for safe and effective products and treatments.

The consequences are real. Patients may abandon proven medicines, medical devices or other products because of faulty data or misleading claims — not because science has changed but because misinformation can spread faster than facts. When junk science reaches the public, it erodes confidence in our legal system, distorts verdicts and ultimately places patients in a perpetual loop of misinformation about their everyday medicines.

Updating Missouri’s expert evidence standard is not about providing favor to plaintiffs or defendants. It’s about ensuring that courtroom decisions are informed by reliable science rather than speculation. Several states have already aligned their state evidence admissibility standards with the amended Rule 702, recognizing that stronger standards improve the integrity of the judicial process.

Patients, consumers and businesses deserve a legal system where scientific evidence is held to the highest standard and courtroom decisions are based on sound science and not junk science. It’s time to put patients first and align the state’s standard with Rule 702.

This article was originally published by Missouri Independent and is republished by MetroSTL under a Creative Commons license. The reporting is the outlet’s; please support them.