National Law Review
7/17/2026

Science Doesn’t Stand Still: Evolving Evidence and Expert Reliability Under Daubert
Short summary
This legal analysis examines how evolving epidemiological evidence affects expert witness reliability under Daubert and Federal Rule of Evidence 702. Using a recent Swedish study on autism spectrum disorder diagnosis patterns, the article illustrates how shifting diagnostic practices and follow-up periods can undermine static causation assumptions in litigation. Defense counsel are urged to scrutinize epidemiologic methodology and context when expert opinions rely on evolving science.
- •Evolving epidemiology can undermine expert testimony reliability under Daubert
- •Swedish ASD study shows male-to-female diagnosis ratio narrows with age, challenging static assumptions
- •Courts are excluding expert testimony that fails to account for changing diagnostic practices and incomplete science
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