The Cost of Junk Science

Some 14 years ago, in the midst of a firestorm of lawsuits and irresponsible, sensationalist journalism, the FDA banned silicone breast implants. The notion was that the implants were dangerous; that women with the silicone implants risked horrible side effects, disfiguring and even life-threatening.

These alleged side effects were entirely fabricated by the attorneys filing the frenzy of related lawsuits. Every single study ever done of silicone breast implants — and there have been many — have shown them to be safe.

The FDA’s ban occurred during the reign of David Kessler as commissioner — a very political appointee of the Clinton administration. The FDA’s own scientists recommended against the ban (for lack of any credible evidence). They were overridden by the political appointee. Surely there must be a better way than to let good science be overridden by a junk-science driven political appointee…

Worse, though, the ban directly enabled the success of many completely bogus lawsuits. Hundreds of millions of dollars were awarded to supposed “victims” of silicone breast implants (each and every one of these has been thoroughly debunked). Companies went bankrupt because they happened to have a division somehow related to silicone breast implants. Thousands of people lost their jobs. The total economic cost, depending on whose estimate you care to believe, ranged from $1.5 billion to $4.5 billion. All for no good reason whatsoever. It is exactly as though we all held a big party, made a pile of billions of dollars in cash, and then burned it. The only winners were the unscrupulous lawyers pursuing these bogus suits.

And now, the FDA has reversed itself. Fourteen years after issuing the popular bogus ban, the firestorm has died down enough to let science prevail over idiocy. Silicone breast implants are suddenly safe again. Companies can once again start manufacturing and selling them in the U.S. (they never stopped in the rest of the world, where on this subject they seem to consider Americans to have lost their collective minds).

What a waste.

But it happens repeatedly, and is happening right now. Just Google “junk science” and you’ll get thousands of hits discussing the impact it has on our legal system. There have been some hopeful developments in recent years, but they are like tiny islands in the vast sea of depressingly ill-informed “justice”.

How can this issue be better addressed than it is today? Should we require judges to have expertise in the area being litigated? Or should we even go so far as to require juries to have expertise in the area, or at least a background that would prepare them to understand it? These are some of the solutions I’ve seen proposed. There are some practical problems (e.g., where do you find all these judges or juries with expertise?) and some philosophical problems (on what principle do you rest the notion that “experts” are better qualified to judge these matters?), but on the whole I think that such a system would beat what we have today.

Any other ideas out there?