The Delaware Superior Court has barred a psychiatrist’s testimony on when a plaintiff’s dissociative amnesia, or memory repression, occurred because there are too few scientific studies on the onset of trauma-related memory failure for the court to conclude it’s reliable or helpful to a jury.
In Judge Robert B. Young’s January 3 decision in Keller v. Maccubbin, he concluded that the requirements established in Daubert v. Merrell Dow Pharmaceuticals, a 1993 U.S. Supreme Court decision, could not be satisfied given the present state of scientific study.
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