Full opinion text
MEMORANDUM AND ORDER PHILLIPS, United States Magistrate Judge. An order of reference was entered in this case on September 27, 1999, referring to the undersigned, for consideration and disposition pursuant to 28 U.S.C. § 636(b) and the rules of this court, the motion in limine filed by defendants seeking to exclude the testimony of plaintiffs expert, Kaye H. Kilburn, M.D. [Doc. 36]. The parties were further ordered to appear before the undersigned for a Daubert hearing on October 1, 1999 [Doc. 67]. Previously, defendant ICI Americas, Inc.’s motion for recovery of costs [Doc. 59] had been referred to the undersigned for appropriate disposition [Doc. 61]. A Daubert /evidentiary hearing was held on both of these motions on October 1, 1999, at which time testimony was presented by both plaintiff and this defendant. I. STATEMENT OF FACTS On October 11, 1995, Jayne Collyar of Perstorp Components gave dimensions of some freight to JoAnn Holland, an employee of SurfAir, Inc., that Ms. Collyar needed shipped to Perstorp’s factory on October 11, 1995. Ms. Collyar needed the freight because the trucker who was going to drive the freight to her had to be down for eight hours because he was out of drive time. The dimensions that Ms. Collyar gave Ms. Holland were wrong, thus making the size of the plane that was chartered by SurfAir to deliver the freight to be the wrong size. Upon finding that the freight container would not fit on the plane, the Perstorp employee, Jayne Collyar, suggested that the freight be broken down into smaller containers so that a portion of the chemical could get to Perstorp’s factory. Ms. Holland spoke to the plaintiff, Andrew Downs, about the problem, and Ms. Holland and Mr. Downs decided that Mr. Downs would purchase containers from Wal-Mart in Jefferson City, Tennessee, and plaintiff would drive to the airport in Knoxville to transfer the product. Plaintiff was concerned about the safety of breaking the seal on the shipment and exposing himself to the chemical because there was a 1-800 number on the freight that he was supposed to call in case of a spill and he was concerned that the material might be classified as hazardous. During a conversation with Jayne Coll-yar of Perstorp a short period after her conversation with Mr. Downs, Ms. Holland asked Ms. Collyar what the product was. Ms. Collyar related that the product was named Rubiflex, and Ms. Holland looked in her HazMat book but could not find the name Rubiflex cross-referenced in any way. She relayed this message to Mr. Downs, and he proceeded to transfer the product. Mr. Downs subsequently called Ms. Holland back and said that the transfer was not working. He was spilling more than he was getting into the containers, he had the chemical on him, and he was concerned. He wanted Ms. Holland to make sure it was safe and related to Ms. Holland that his skin was burning somewhat. Ms. Holland called Ms. Collyar once again and relayed Mr. Downs’ concerns to Ms. Collyar, and Ms. Collyar stated that Rubiflex would not hurt Mr. Downs. She stated that, “People come in contact with this everyday; they have had it on them from head to toe and it hasn’t bothered anyone.” Ms. Holland called plaintiff back and told him what Ms. Coll-yar had said. Mr. Downs related that he was going home to take a shower. Ms. Collyar canceled the charter that day, stating that she would transport it herself [Doc. 16, Affidavit of JoAnn Holland attached]. Plaintiff, Andrew Downs, was employed by Dodson International Air, an air charter company. Plaintiff was originally treated by Dr. William A. Paulsen, a neurologist, who did not find that plaintiff sustained a neurological injury. Plaintiff was then examined by Dr. Kaye H. Kil-burn, M.D., who diagnosed the plaintiff with “chemical encephalopathy which includes paresis (paralysis) of the right seventh cranial nerve and hyperesthesia face supplied by the fifth cranial nerve and visual field losses that are worse on the right. Also included is ptosis (eyelid droop) on the right. Body balance, reaction time and recall-short term memory was (sic) also impaired as measured by comparison to predicted values adjusted for his age, education, sex, height, and other factors.” Rule 26(a)(2) report of Kaye H. Kilburn, M.D., attached as “Exhibit A” to plaintiffs memorandum in support of its response to motion in limine to exclude testimony of plaintiffs expert, Kaye H. Kilburn, M.D. [Doc. 47]. Dr. Kilburn further states in his report dated July 28, 1998, that these signs of brain damage followed a single exposure to Rubiflex containing (DETA) diethyltoluene diamine, a polyurethane polymer system by contact and inhalation in October 1995. Imaging by D. James S. Lim, Dr. Kilburn states, showed no abnormality of the Circle of Willis and posterior fossa of the skull and brain area. Magnetic brain and neck scans on January 2,1996 showed no abnormalities. Spinal fluid examination was normal, and there was no history of other chemical exposures possibly competing to cause the impairment found. There was no history of pre-existing or spontaneous neurological disease or impairment. In summary, Dr. Kilburn states, in the process of differential diagnosis that he applied in Mr. Downs, no alternate factors nor additional considerations were found. Dr. Kilburn concludes that patient Andrew A. Downs, who was well and healthy, had a single skin contact and inhalational exposure to Rubiflex in October 1995 that was followed in a logical sequence by injury consisting of severe facial pain, sensory abnormalities, visual field losses, impaired balance, slowed reaction time and recall-memory impairment. As other possible causes have been eliminated, Dr. Kilburn opined, it is concluded that the chemicals in the Rubiflex are responsible and Dr. Kilburn’s expert opinion was offered to the standard of more likely than not. Dr. Kilburn is Ralph Edington Professor of Medicine at the University of Southern California School of Medicine, he is editor and chief of the Archives of Environmental Health and has published over two hundred scientific papers [Doc. 47, Exhibits A & D], II. POSITIONS OF THE PARTIES A. Defendants’ Assertions In their motion in limine, defendants have moved to exclude the testimony of Dr. Kilburn, asserting that Dr. Kilburn’s opinions do not satisfy the legal requirements set forth in Dauberb v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and asserting that he is not qualified to testify about ICI's product [Doc. 36], In its memorandum in support of their motion in limine, defendants point out that Dr. Kil-burn has been excluded from testifying in at least six other toxic tort cases, and his opinions have been rejected in a seventh. Nelson v. Tennessee Gas Pipeline Company, No. 95-1112, 1998 WL 1297690 (W.D.Tenn. August 31, 1998) (excluded); Lofgren v. Motorola, No. CV 93-05521, 1998 WL 299925 (Ariz.Sup.Ct. June 1, 1998) (excluded); Goeb v. Tharaldson, No. C3-92-602051 (St. Louis County, Minn. February 4, 1998) (excluded); Valentine v. Pioneer Chlor Alkali, Inc., 921 F.Supp. 666, 673-74 (D.Nev.1996) (excluded); Home v. Pioneer Chlor Alkali Co., Inc., NO. CV-S-93-1060 HDM (D.Nev. March 4, 1996) (excluded); Thomas v. FAG Bearings Corp., Inc., 846 F.Supp. 1400 (W.D.Mo.1994) (excluded); Georgine v. Amchem Products, Inc., 157 F.R.D. 246 (E.D.Pa.1994) (rejected). Dr. Kilburn’s testimony was excluded or rejected in these actions, defendants assert, because the courts determined that his methodology was unscientific. Defendants offer the following language taken from these decisions to illustrate this fact: • “Dr. Kilburn’s deposition testimony and portions of his written work submitted by Tenneco suggest that he is a strong opponent of the use of chemicals. Expert opinions are about science, however, not advocacy. Based on the entire record in this case, Dr. Kilburn’s studies suffer from significant methodological flaws. Moreover, his opinions are completely unsupported by any scientific research outside the litigation context.... Dr. Kilburn’s opinions are based upon nothing more than conjecture, speculation, and litigation animus.” Nelson, at 16. • “Dr. Kilburn’s ‘revolutionary hypotheses’ appear to be supported by nothing more than supposition, hunches, and selective reliance on studies.” ... His “methodologies utilized in this case do not appear to be accepted by the medical or scientific community.” Dr. Kil-burn’s “conclusion appeared to be more litigation-driven than science oriented.” Lofgren, at 32, 52-54. • “Dr. Kilburn’s method is contrary to generally accepted scientific practice, is not generally accepted, and, in addition, is not scientifically reliable for purposes of determining such a cause and effect relationship. Dr. Kilburn’s proffered opinion here is based on speculation and conjecture by reason of the fact that he did not apply a generally accepted scientific method to determine whether exposure of the plaintiffs to Dursban and its components was capable of causing the injuries which are here claimed.” Goeb, at 4. • “Dr. Kilburn’s study suffers from very serious flaws.... As a result, his conclusions ... cannot be said to be derived from acceptable scientific methodology.” Valentine, 921 F.Supp. at 678. • “The significant problem with Dr. Kil-burn’s methodology is that ... it does not appear to provide a scientific basis for his conclusions regarding causation .... [I]t appears that Dr. Kil-burn’s testimony as to causation is based on little ‘more than subjective belief or unsupported speculation,’ which is not ‘scientific knowledge.’ ” Home, at 19 (quoting Daubert, 509 U.S. at 590, 113 S.Ct. 2786). • In Georgine, Dr. Kilburn described a proposed class action settlement agreement as “lousy, reprehensible, and diabolically cunningly designed document to take the rights and privileges away from the asbestos-exposed workers of America.” The court rejected Dr. Kilburn’s testimony, finding that it was “a diatribe ... [that] appeared immoderate and contrary to the weight of the scientific evidence and therefore unpersuasive.” Geor-gine, 157 F.R.D. at 271. Dr. Kilburn’s methodology and proffered opinions in this case suffer from the same fatal defects, defendants assert, because his methodology ignores generally accepted methods of toxicology, and offers instead predetermined conclusions based upon Dr. Kilburn’s subjective beliefs and unsupported speculation. Defendants point out that plaintiff, as the party seeking to have Dr. Kilburn’s testimony admitted, has the burden of showing that Dr. Kilburn’s “findings are based on sound science, and this will require some objective, independent validation of the expert’s methodology.” Smelser v. Norfolk Southern Railway Co., 105 F.3d 299, 303 (6th Cir.1997), cert. denied, 522 U.S. 817, 118 S.Ct. 67, 139 L.Ed.2d 29 (1997). Moreover, defendants assert, plaintiff cannot meet this burden with bald assurances of validity from Dr. Kilburn. In many toxic tort cases, defendants point out, the central issue in dispute is whether a particular chemical substance caused the plaintiffs alleged injuries. Cavado v. Star Enterprise, 892 F.Supp. 756, 757 (E.D.Va.1995), affirmed in part, reversed in part on other grounds, 100 F.3d 1150 (4th Cir.1996), cert. denied, 522 U.S. 1044, 118 S.Ct. 684, 139 L.Ed.2d 631 (1998). Toxicology is the relevant scientific discipline employed to determine whether a chemical substance is capable of causing and has caused adverse biological effects, defendants state, and classically it is known as the science of poisons. Federal Judicial Center, Reference Manual on Scientific Evidence (1994). Defendants further point out that the generally accepted method for conducting a toxicological investigation consists of identifying the source, exposure, dose, and medical condition. The source of the chemical in issue must be identified, there must be an opportunity for physical contact with the chemical, and the amount of the chemical to which the individual is exposed must actually penetrate a portal of entry. If exposure occurs and a dose is received, and if the dose is of sufficient magnitude, the effect may be beneficial, or it may cause a compatible medical condition such as a sign, symptom, abnormal laboratory finding, or diagnosed disease. Only if these four steps of a toxicological investigation are complete, defendants state, can the expert turn to the issue of causation. In most toxic exposure cases, two different but interrelated analyses must be performed, that is, a general causation analysis and a specific causation analysis. Numerous courts have recognized that both analyses must be performed in toxic tort cases, defendants assert, citing relevant authorities. To establish general causation, an expert either performs scientific tests on the chemical to see if it can cause the condition in animals or humans, analyzes the existing scientific literature to determine whether other scientists have performed these tests and what their results were, or does both. To establish specific causation, an expert must first complete the general causation analysis, and then must establish, at a minimum: • Qualitative Toxicity. The chemical in issue is known to be capable of producing the alleged effect in humans. In some instances, animal data or other information may be applied to the analysis and the biologic plausibility of such extrapolation must be evaluated in this assessment. [This is essentially the results of the general causation analysis.] • Dose-Response. The individual had contact with the chemical (exposure), and the amount of chemical absorbed into the body (dose) was of sufficient magnitude and duration to be capable of producing the alleged effect. • Temporality. The chemical exposure must be related in time to the onset of the individual’s clinical condition, e.g., the effect did not precede the alleged exposure. • Confounders. All other significant causes (including exposure to other substances, lifestyle, workplace, and genetic factors) of the individual’s clinical condition have been controlled for or ruled out. This is essentially the same procedure a physician performs when conducting a differential diagnosis. • Coherence. All of the evidence is consistent with the conclusion of causation. Failure to establish even one of these criteria for specific causation is usually fatal to the proposition that exposure to a specific chemical caused a specific medical condition, i.e., individual causation. In this case, defendants assert, plaintiff must show that Dr. Kilburn’s proffered opinions resulted from his correct application of generally accepted methods of toxicology. If Dr. Kilburn did not use generally accepted methods to form his opinions, if he failed to apply the methods appropriately, or, if his opinions widely diverge from those generally accepted in the field of toxicology, his opinions do not constitute scientific knowledge and are inadmissible under Rule 702, Federal Rules of Evidence. Citing to Dr. Kilburn’s Rule 26 report (attached as Exhibit D to Doc. 45), defendants point out that Dr. Kilburn concluded that it is more likely than not that plaintiffs physical impairments were caused by a “single skin contact and inhalational exposure to Riboflex (sic) in October 1995.” When asked what process he went through to form his opinions in his Rule 26 report, he testified that he examined and elicited ■information from Andrew Downs concerning both how he felt, what he had been exposed to, what his medical neurological history was, and then put him through about five or six hours of testing of his neurobehavioral functions working with things which are in the list of studies and tests carried out on page 5 of his report of February 16, 1996. [Kilburn Depo. at 18, Doc. 45, Exhibit E], Noticeably absent from Dr. Kilburn’s description of his “methodology”, defendants point out, is any inquiry about: (1) the chemical composition of Rubiflex; (2) whether plaintiff received a dose of Rubiflex; (3) whether the dose (if any) was sufficient to cause an effect in humans; (4) whether Rubiflex or any of its components was capable of causing the symptoms Downs reported; (5) whether Rubiflex or its components in fact caused Downs’ symptoms; or (6) whether Downs’ prior medical, educational or occupational records suggested alternative causes of his symptoms. Defendants further assert that before forming his opinions in this case, Dr. Kil-burn did not review any of plaintiffs prior medical, educational or occupational records, reviewed at least one Material Safety Data Sheet (“MSDS”) concerning the composition of Rubiflex, and also received some MSDSs in April 1996. When asked in his deposition about the components of Rubiflex, and their corresponding MSDSs, Dr. Kilburn replied, “I haven’t tried going through these MSDSs to see how they line up.” And when asked if he thought that a curing agent in Rubiflex caused plaintiffs problems, Dr. Kilburn responded, “I don’t think there is any way to separate from the material that he handled to its components to make attribution of what caused his impairment, disability other than it was the exposure to the Rubiflex.” [Kilburn Depo. at 19-24; Doc. 45, Exhibit E]. Dr. Kilburn did review a questionnaire that plaintiff had completed about his symptoms and had plaintiff take several neuropsychological tests of his memory, recall, cognitive function, balance and vision. Dr. Kilburn also performed a physical examination of plaintiff which included pulmonary function tests [Kilburn Depo. at 18, 27, 35; Exhibit 45, Exhibit E]. Defendants assert further that nothing in Dr. Kilburn’s 1996 report indicates that he performed any search of the medical or scientific literature before forming his opinions, but sometime after he examined plaintiff, Dr. Kilburn searched the medical and scientific literature for references to Rubiflex but did not find any [Kilburn Depo. at 127; Doc. 45, Exhibit E], The only specific reference to the scientific literature in Dr. Kilburn’s Rule 26 report, defendants point out, relates to the pulmonary effects of isocyanates, primarily toluene diisocyanate (“TDI”), but Dr. Kilburn admitted that he is not aware of any evidence that Rubiflex contains TDI [Kilburn Depo. at 141-42; Doc. 45, Exhibit E], In fact, defendants state, it does not [Rule 26 report of James P. Lyon, Ph.D.; Doc. 45, Exhibit G]. When Dr. Kilburn was asked if he knew how much exposure to Rubiflex was necessary to cause plaintiffs injuries, he replied, “No, I don’t. He got enough. And that’s pharmacologically the principle. The dose is the amount that does the job.” [Kilburn Depo. at 159; Doc. 45, Exhibit E], Based upon these facts, defendants state, Dr. Kilburn’s opinions do not comport with the Supreme Court’s standards set forth in Daubert because his opinions are not based upon good science or scientific knowledge. Rather, defendants assert, Dr. Kilburn’s opinions are merely based upon speculation and his advocacy for the plaintiff. Defendants assert that Dr. Kil-burn’s opinions can be tested, but he has not done so. His failure to test his theory leaves it as nothing more than a hypothesis, defendants assert, and even assuming that the examinations and tests administered by Dr. Kilburn revealed abnormal findings, Dr. Kilburn does not contend that they are capable of identifying the specific cause of the abnormalities. Defendants assert further that Dr. Kilburn’s opinions are not based on published, peer reviewed literature. Nowhere in Dr. Kilburn’s reports does he mention any articles or treatises to support his theory that a single exposure to Rubiflex can cause chronic neurological impairment. The only specific reference made by Dr. Kilburn to scientific literature in his Rule 26 report, defendants point out, related to the pulmonary effects of exposure to isocyanates, primarily TDI. Dr. Kilburn is not aware of any evidence that Rubiflex contains TDI, and since the article cited by Dr. Kilburn in his report does not relate to Rubiflex or to the brain or central nervous system, Dr. Kil-burn cannot properly extrapolate the findings reported in that article to his hypothesis. Relying upon the decision of the United States District Court for the Western District of Tennessee to support defendant’s assertion that Dr. Kilburn’s opinion should be rejected, defendants point to the language of the Nelson decision that, “[cjourts have found that extrapolation from studies of chemicals different from those at issue does not rise to the level of accepted methodology.” Nelson, at 13 (citing Schudel v. General Electric Co., 120 F.3d 991, 996-97 (9th Cir.1997)). The Nelson court also found, defendants point out, that “[ejxperts may not rely on studies that do not address the types of diseases at issue.” Id. at 14 (citing Christophersen v. Allied-Signal Corp., 939 F.2d 1106, 1115-16 (5th Cir.1991), abrogated on other grounds, Daubert; Valentine, 921 F.Supp. at 673-74). See also, Allen v. Pennsylvania Engineering Corp., 102 F.3d 194, 197 (5th Cir.1996) (studies suggesting that chemical exposure causes lymphatic and hematopoietic cancer not probative to cause of brain cancer); Schmaltz v. Norfolk & Western Ry. Co., 878 F.Supp. 1119, 1122 (N.D.Ill.1995) (rejecting studies about eye irritation in rabbits to pulmonary or respiratory conditions in humans). Defendants further assert that Dr. Kil-burn’s opinions are not based on standards having a known or potential rate of error, asserting that there is no way to analyze Dr. Kilburn’s opinions or his methodology, because he does not use the methods and techniques of good science to form his opinions. Moreover, defendants assert, Dr. Kilburn’s opinions are not generally accepted. Examining Dr. Kilburn’s opinions as they relate to causation, defendants point out that Dr. Kilburn cannot identify a single scientific test, study, experiment or authority of any type to support his opinions that a single exposure to Rubiflex can cause chronic neurologic impairment or that it did in this case. His opinions are not generally accepted by the toxicological community, and he has not produced any evidence that his opinions have been considered by anyone else in that community. Moreover, defendants assert, Dr. Kil-burn’s temporal causation theory is based on a logical fallacy. Defendants assert that the core of Dr. Kilburn’s methodology can be found in his Rule 26 report and in two of his deposition answers. In his Rule 26 report, Dr. Kilburn related that plaintiff, who was well and healthy, had a single skin contact and inhalational exposure to Rubiflex in October 1995 that was followed in a logical sequence by injury. When asked in his deposition about the dose of Rubiflex necessary to cause plaintiffs injuries, Dr. Kilburn testified that, “he got enough.” When asked to identify the evidence to support his claim that Rubiflex is toxic, Dr. Kilburn testified that, “I have Andrew Downs.” [Kilburn Depo. at 158-59; Doc. 45, Exhibit Ej. These statements, taken together, defendants assert, reveal that Dr. Kilburn’s methodology is a classic example of the logical fallacy of arguing from temporal sequence to a causal relation. As pointed out by the court for the Northern District of Illinois in Schmaltz v. Norfolk & Western Ry. Co., 878 F.Supp. 1119 at 1122, “It is well settled that a causation opinion based solely on a temporal relationship is not derived from the scientific method and is therefore insufficient to satisfy the requirements of Fed.R.Evid. 702.” See also, Conde v. Velsicol Chemical Corp., 804 F.Supp. 972, 1023 (S.D.Ohio 1992), aff'd, 24 F.3d 809 (6th Cir.1994); Porter v. Whitehall Laboratories, Inc., 9 F.3d 607, 611 (7th Cir.1993); Cuevas v. E.I. DuPont De Nemours and Co., 956 F.Supp. 1306, 1310-11 (S.D.Miss.1997); Carttvright v. Home Depot U.S.A., Inc., 936 F.Supp. 900, 906 (M.D.Fla.1996); Cavallo v. Star Enterprise, 892 F.Supp. 756, 757 (E.D.Va.1995), affirmed in part, reversed in part on other grounds, 100 F.3d 1150 (4th Cir.1996), cert. denied, 522 U.S. 1044, 118 S.Ct. 684, 139 L.Ed.2d 631 (1998). Defendants assert further that Dr. Kil-burn does not identify the chemical substances that he claims caused plaintiffs injuries, he does not identify the dose plaintiff received from his exposure to Ru-biflex or the dose/response relationship for Rubiflex, and his opinions provide no assessment of general causation. As a matter of law and good science, defendants state, a toxicological inquiry must include an assessment of whether the chemical(s) in issue are capable of causing the effects in issue. Without this data, defendants reason, the toxicologist cannot establish a general causation as required by law and generally accepted methods of toxicology. If general causation cannot be determined, defendants point out, specific causation cannot be determined either. Dr. Kilburn had no experience with Rubiflex prior to seeing plaintiff, and he cannot rely upon his experience to support his proposition that a single exposure to Rubiflex can cause chronic neurological impairment, and Dr. Kilburn has not located any support for his proposition in the relevant scientific and medical literature [Kilburn Depo. at 127, 138; Doc. 45, Exhibit E], Dr. Kilburn testified in his deposition that Rubiflex is an “epoxy-type product,” but defendants point out that Dr. Kilburn’s experience with epoxy exposure is limited to five other patients he has seen [Kilburn Depo. at 127; Doc. 45, Exhibit E]. Even assuming that Dr. Kilburn could properly use information about the health effects of epoxy to draw conclusions about the effects of Rubiflex, defendants point out that Dr. Kilburn’s attempt to use a few case studies of epoxy to prove that Rubiflex can cause neurological impairments is a classic example of another logical fallacy — the Converse accident (hasty generalization). O’Conner v. Commonwealth Edison Co., 807 F.Supp. 1376, 1391 (C.D.Ill.1992). The fallacy of Converse accident occurs when a person erroneously creates a general rule from observing too few cases. Id. at 1395. Pointing to the opinion of the Ninth Circuit Court of Appeals in Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317 (9th Cir.1995) (‘Daubert II”), defendants quote from the opinion of the Ninth Circuit on remand: “One very significant fact to be considered is whether the experts are proposing to testify about matters growing naturally and directly out of research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying.” Defendants admit that Dr. Kilburn began researching the general topic of chemical brain injury before he saw plaintiff in February of 1996, but further assert that much of Dr. Kil-burn’s research has been litigation driven and funded by monies received from plaintiffs and law firms that represent plaintiffs. In fact, defendants point out, Dr. Kilburn devotes an entire chapter of his book Chemical Brain Injury to “Legal Proceedings.” Kaye H. Kilburn, Chemical Brain Injury, pp. 352-63 (1998). Defendants further observe that other courts that have excluded Dr. Kilburn’s opinions have noted that his opinions did not grow naturally and directly out of prelitigation research. Nelson, at 15-16; Lofgren, at 54; Valentine, 921 F.Supp. at 670. Last of all, defendants assert that Dr. Kilburn is not qualified to give an opinion about Rubiflex. Defendants assert that although Dr. Kilburn has a lengthy resume, his education, training and experience do not provide him with the requisite qualifications to testify about Rubiflex or its alleged effects on the human brain. In assessing Dr. Kilburn’s qualifications to testify in this case, this court must determine “whether those qualifications provide a foundation for a witness to answer a specific question.” Smelser, 105 F.3d at 305 (quoting Berry v. City of Detroit, 25 F.3d 1342, 1351 (6th Cir.1994)). The specific question before this court is whether a single exposure to Rubiflex can cause chronic neurologic impairment. Defendants conclude that Dr. Kilburn is not qualified to answer this question because: (1) he did not have any experience with Rubiflex prior to examining Downs; (2) he does not know what levels of exposure to Rubiflex are dangerous to humans; and (3) he cannot refer to any support in the medical or scientific literature for his testimony about Rubiflex. For similar reasons, defendants state, the trial court in Mancuso found that the plaintiffs expert did not possess the “requisite qualifications to testify that plaintiffs ailments were caused by exposure to PCBs, even under the lenient standards of Rule 702.” Mancuso, 967 F.Supp. at 1443-^45. Therefore, defendants state, considering all of the flaws and fallacies of Dr. Kilburn’s opinions and methodology, Dr. Kilburn’s opinions are about speculation and advocacy, not science. Under Daubert, therefore, Dr. Kilburn’s testimony that Rubiflex caused plaintiffs alleged injuries must be excluded [Doc. 45]. B. Plaintiff’s Response Plaintiffs have responded in opposition to defendants’ motion in limine to exclude the testimony of plaintiffs’ expert witness, Kaye H. Kilburn, M.D. Plaintiffs assert that Dr. Kilburris testimony and opinions satisfy the legal requirements of Rule 702, Federal Rules of Evidence as defined in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) [Doc. 46]. In their brief in support of their motion, plaintiffs point out that the standards enunciated by the United States Supreme Court in Dau-bert are not “a definitive checklist or test” but are merely “some general observations.” The Ninth Circuit has interpreted them as “illustrative rather than exhaustive; similarly, we do not deem each of them to be equally applicable (or applicable at all) in every case,” plaintiffs observe. Daubert II, 43 F.3d at 1317. Instead, plaintiffs suggest, the Rule 702 inquiry is a flexible one and the factors listed by the Supreme Court in Daubert may be inapplicable to proffered expert testimony while other, non-enumerated factors may well assist the trial judge in determining the reliability and/or relevance of the proffered testimony. Dr. Kilburn s opinions and testimony must be evaluated under this flexible standard, plaintiffs assert, and in doing so the court “should not rush to judgment where new scientific theories are proposed that lack adequate support or reputation because they are so new.” Plaintiffs quote Thomas S. Kuhn in his treatise, “The Structure of Scientific Revolution” 52 (2d ed.1970): New and unsuspected phenomenon are ... repeatedly uncovered by scientific research, and radical new theories have again and again been invented by scientists. History even suggests that the scientific enterprise has developed a uniquely powerful technique for producing surprises of this sort. In re: Breast Implant Cases, 942 F.Supp. 958, 960 (E.D.N.Y.1996). Plaintiffs initially point out that defendants do not challenge Dr. Kilburn’s qualifications, but only his opinions and proposed testimony. In medically evaluating plaintiff, plaintiffs state, Dr. Kilburn performed a Clinical, Neuropsychological Battery, which is a series of tests designed to enable a doctor to reach certain conclusions about a patient. It is based on the Wechsler and Halstead-Reitan tests, and these tests include a Picture Completion and Similarities Test, Verbal Story Recall Test, Visual Design Reproduction Immediate and Delayed Verbal Recall Tests, Digital Span Test, Digital Symbol and Symbol Recall Tests, Fingertip Number Writing Perception Test, Rey 15 Form Test, Culture Fair Test, Vocabulary Test, and other visual and audio measurement tests [Kil-bum Depo. at 4-5, Doc. 47, Exhibit B], Plaintiffs stipulate that Dr. Kilburn has used these tests in determining the effects of chemicals on brain functions. See Kaye H. Kilburn, et al, Polluticm-Based Prediction Equations for Neurobehavioral Tests, Arch.Envir. Health 53:257, 260 (1998); Kaye Kilburn, Exposure to Reduced Sulfur Gases Impairs Neurobehavioral Function, So.Med.J. 90:997, 998-99 (1997); and Kaye H. Kilburn, et al., Balance measured by head (and trunk) tracking and a force platform in chemically (PCB and TCE) exposed and referent subjects, Occup. & Envir.Med. 51:381, 382 (1994) (sway test and questionnaire for toxicological history) [Doc. 47, Exhibits C-l to C-3]. These techniques have been developed and refined during fifteen years of testing and research, plaintiffs state, culminating in the publication of Dr. Kilburn’s book on the effects of chemicals on the brain. See Kaye H. Kilburn, Chemical Brain Injury (1998). Plaintiffs have attached a list of neurobehavioral toxicology papers published by Dr. Kilburn to their response, and state that these papers have been subjected to peer review. Thus, plaintiffs state, Dr. Kilburn’s opinions that chemical exposure can affect brain function and cause brain damage have been subjected to peer review and are as scientific as any in clinical medicine, using time tested methods of examination, evaluation, and differential diagnosis [Doc. 47, Exhibits D & E]. In addition to these tests, plaintiffs state, Dr. Kilburn reviewed medical records from Dr. Thomas J. Callendar, Dr. Herbert H. Schaumburg, Dr. Fulk, and Dr. William Paulsen. He also reviewed the material safety data sheets (“MSDS”) for Rubiflex and Ethacure 100, which contain the same DETA as Rubiflex [Kilburn Depo. at 22; Rule 26(a)(2) Report of David J. Crouse; Doc. 47, Exhibits B & F]. Plaintiffs assert that the materials reviewed by Dr. Kilburn and the tests performed by him in this case are similar to those approved as providing a proper basis for expert testimony in McCullock v. H.B. Fuller Co., 61 F.3d 1038, 1043 (2nd Cir.1995) (reviews of various safety and educational sources, review of MSDS, interviews with the plaintiff, background of the industry, and practical experience). The test results and the review of other medical records caused Dr. Kilburn to reach certain conclusions. The plaintiffs score on the toxic exposure questionnaire is elevated above the average for a non-exposed population, plaintiff has suffered verbal and visual impairment and abnormal scores on the Verbal Story, Visual Design Delayed, and Vocabulary Score Tests. Moreover, plaintiff has been affected in the areas of intelligence, recall, emotion, vision, and balance, and the abnormality in the color test is more probably than not attributable to his exposure to Rubiflex [Kilburn Depo. at 28, 58, 79, 85, & 124; Doc. 47, Exhibit B], Plaintiffs further assert that the findings of Dr. Schaumburg, one of defendant’s expert witnesses, found plaintiff to suffer from brow ptosis, atypical face pain, and astasia-abastia gait disorder, essentially the same impressions reached by Dr. Kilburn as to his physical findings [Rule 26(a)(2) Report of Dr. Herbert H. Schaumburg, Kilburn Depo. at 101-02; Doc. 47, Exhibits B & G]. Plaintiffs further assert that the toxins in Rubiflex were absorbed through direct skin and eye contact as well as inhalation and although it cannot be determined whether direct contact or inhalation is the more significant exposure factor, Dr. Kilburn noted that organic chemicals such as Rubiflex are generally absorbed through skin layers [Kilburn Depo. at 94, 117-18; Doc. 47, Exhibit B], Plaintiffs further assert that Dr. Kilburn has personally examined twenty-two to twenty-three patients with single acute chemical exposure which resulted in brain damage and each had a progressive loss of function similar to that experienced by plaintiff. Of these patients, six had exposure to epoxy-based chemicals and, plaintiffs assert, Rubiflex is an epoxy. The chemical components of Rubiflex would adversely affect the brain either as a solvent or as an epoxy, plaintiffs contend [Kilburn Depo. at 99, 121, 127 & 138; Doe. 47, Exhibit B]. Plaintiffs further assert that Rubiflex contains two components known to be toxic. Rubiflex is an epoxy containing DETA which is very toxic, plaintiffs assert, and based on the amount of DETA in Rubiflex, that product should be classified as “very toxic.” As a known toxin, plaintiffs contend, DETA plays a major role in the toxicity of Rubiflex and Rubiflex also contains formic acid, another known toxin. Because Rubiflex contains two well known toxins, Dr. Kilburn concluded that Rubi-flex is toxic to the human body [Kilburn Depo. at 99,124-26, & 158, Doc. 47, Exhibits B, F & H]. Plaintiffs assert further that Dr. Kilburn conducted differential diagnosis to determine if other causes contributed to the plaintiffs maladies, but concluded that none played a factor. He found no evidence of other chemical exposures and no history of pre-existing or spontaneous neurological disease, and his extensive testing indicated no alternate factors. It is not believed that allergies played a role, plaintiffs state, and the likelihood that plaintiff would have a spontaneous neurological incident that coincides in time with, yet is independent of, the chemical incident is essentially nonexistent. This suggests that the plaintiffs symptoms are either real or invented, plaintiffs state, and even Dr. Schaumburg reached the same medical findings as Dr. Kilburn. Plaintiffs assert further that defendants do not seriously contend that plaintiff is not damaged in some manner. Rather, defendants primary area of challenge is causation and Dr. Kilburn extensively searched for other causes, but the plaintiffs history revealed none. Thus, plaintiffs conclude, his exclusion of other causes mitigates in favor of admission of his testimony. See Hein v. Merck & Co., Inc., 868 F.Supp. at 231. Finally, plaintiffs assert, Dr. Kilburn was unable to state whether goggles, gloves, or other protective gear would have made a difference [Kilburn Depo. at 184; Doc. 47, Exhibit B], The material safety data sheet on Rubiflex advises of the potential eye and skin irritation from exposure and/or contact with Rubiflex and further advises that users of Rubiflex wear “impervious gloves and apron,” chemical goggles, and, if necessary, a full face shield [Doc. 47, Exhibit H], Plaintiffs further assert that other documents used by defendant ICI Americas, Inc., regarding Rubi-flex specifically advise that the chemical may cause cancer and further advise that handlers wear the same safety equipment recommended by the MSDS [Doc. 47, Exhibit I], Plaintiffs acknowledge the criticism leveled at Dr. Kilburn’s methodology by the report of Dr. Phillip S. Guzelian who has not examined the plaintiff, has not reviewed any materials to enable him to offer a causation explanation, and is unable to provide one. His report is apparently offered solely to attack Dr. Kilburn’s opinions, plaintiffs assert, and state his role in this litigation as follows: I have been asked to evaluate the plaintiffs claim of injuries in the context of feasible exposure levels of the chemicals in the materials at the airport facility. To do that, I have considered whether the evidence and opinions adduced by Dr. Kilburn, testifying on behalf of the plaintiff adhere strictly to the scientific method Tor establishing that a cause and effect relationship exists between a chemical exposure and the presence of a medical condition in a specific plaintiff, and thus, satisfy the guidelines of the recent Supreme Court’s Daubert decision for determining the admissibility of expert evidence. In my opinion, they do not. [Doc. 45, Exhibit C]. Thus, plaintiffs contend, Dr. Guzelian has been retained to reach a legal conclusion, which suggests an opinion reached solely for the purpose of litigation. His legal qualifications for reaching this conclusion are not mentioned, and this is a conclusion for the district court to reach. In any event, plaintiffs state, Dr. Guzelian’s criticism is more properly directed toward the weight to be given to Dr. Kilburn’s opinions, not their admissibility. “Who is ‘best’ qualified is a matter of weight upon which reasonable jurors may disagree.” Hol-brook v. Lykes Brothers Steamship Co., Inc., 80 F.3d 777, 783 (3rd Cir.1996). The basic question in a Daubert analysis is whether the expert’s proffered testimony is the result of good scientific procedure, plaintiffs assert, and Dr. Kilburn clearly satisfies that standard. Dr. Kil-burn conducted extensive and widely used tests on the plaintiff to determine his medical condition, he examined plaintiffs medical history to determine whether causes other than the Rubiflex exposure could have contributed to these symptoms, and he examined the contents of Rubiflex and discovered that it contains at least two toxins known to affect the brain and to cause other neurological damage. Plaintiff is not unique in being a single exposure case, plaintiffs state, as Dr. Kilburn has personally examined twenty-three similarly situated patients. Further, single exposure cases are a recognized problem and Dr. Kilburn has compared his findings with the plaintiff to those of control groups in other studies, and the findings there support his conclusions. Thus, plaintiffs state, Dr. Kilburn’s opinions are not frantic speculation by a chemically adverse person, but instead are the most plausible explanation based on the results of testing, studies, differential diagnosis, and careful comparison. Simply stated, plaintiffs state, the issues in this case are whether the plaintiff was damaged and, if so, whether the damage is attributable to his exposure to the defendants’ chemicals. There seems to be little doubt as to the damage itself, as both Dr. Kilburn and Dr. Schaumburg reached the same medical condition findings using methods used for decades by neurologists and other medical specialists for determining impairment. The difference of opinion is causation, plaintiffs state, and Dr. Kilburn went further to attempt to exclude other causes and successfully did so. Thus, his opinions that the plaintiffs condition is caused by his exposure to known toxins and the defendants’ chemicals is based, plaintiffs assert, on sound science and passes Dau-bert’s criteria for admissibility. In conclusion, plaintiffs state that the Federal Rules of Evidence embody a strong and undeniable preference for admitting any evidence having some potential for assisting the trier of fact. Rule 702, which governs the admissibility of expert testimony, specifically embraces this policy and has a liberal policy of admissibility. Holbrook v. Lykes Brothers Steamship Co., Inc., 80 F.3d at 780 (citations and internal quotes omitted). To be admissible, Rule 702 requires only that the proffered expert testimony assist the jury, not that it prove a certainty, and Dr. Kilburn’s opinions satisfy this requirement. The weight to be given his testimony, however, is for the jury [Doc. 47], C. Defendants’ Reply Defendants have filed a reply memorandum supporting their motion in limine, arguing, first of all, that plaintiff has misrepresented Dr. Schaumburg’s opinions. Dr. Herbert H. Schaumburg, ICI’s expert on neurotoxicology, did not agree with the findings made by Dr. Kilburn. According to Dr. William Paulsen, “Dr. Schaumburg is considered to be the best known expert on neurotoxicology in the United States. He enjoys a superb and probably worldwide reputation.” [Paulsen Depo. at 25, Doc. 49, Exhibit A], Dr. Schaumburg has not only authored numerous peer-reviewed articles on neurology and neurotoxicology, he is the co-editor of the first comprehensive textbook on neurotoxicology, and has also authored a textbook on disorders of the peripheral nerve. Far from agreeing with Dr. Kilburn, defendants assert, Dr. Schaumburg clearly stated in his Rule 26 report: 1. Based upon my neurological examination of Andrew Downs, I can find no evidence of a neurological impairment that may be attributable to the reported chemical exposure of 1995. 2. Given the nature of Mr. Downs’ complaints, my neurological examination of him and the findings of Dr. Steven Herskovitz, Thomas Slomow-itz, William Paulsen, and David Mas-ur, the most probable explanation for his complaints is his desire for secondary gain from the lawsuit he initiated. Not only does Dr. Schaumburg disagree with Dr. Kilburn’s opinions about plaintiff and his alleged injuries, defendants state, Dr. Schaumburg expressed specific criticisms of Dr. Kilburn’s qualifications, medical conclusions, and testing of the plaintiff. For example, defendants point out, based upon Dr. Kilburn’s deposition testimony concerning his training and experience, Dr. Schaumburg concludes that Dr. Kilburn is not qualified to give neurological diagnosis about the plaintiff and that several of Dr. Kilburn’s opinions are not generally accepted in the field of toxicology and are contrary to fundamental principles of neurology, neurotoxicology and toxicology [Doc. 49, Exhibit B], Defendants further assert that plaintiff has not met his burden under Daubert for the reasons previously enumerated by defendants, and further point out that Dr. Kilburn’s testimony was recently excluded in yet another toxic tort case. In that decision, Bautista v. Christian Salvensen, Inc., No. 761489 (Sup.Ct.Calif., September 23, 1998), the court excluded Dr. Kilburn’s testimony, holding: I cannot accept and do not accept, based under the cases, that without a reasonable investigation of prior medical history and other causal explanations, that anybody could testify that exposure to anhydrous ammonia was a reasonably medical, probable cause of the symptoms that were suffered. So, to me, it is like making an opinion with less than half a deck. I really am concerned that we even attempt to offer this kind of “psuedo-scientific clap-trap.” Bautista, at 9-10 [Doc. 49, Exhibit C]. Defendants further assert that the decision of the Second Circuit Court of Appeals in McCulloch v. H.B. Fuller Co., 61 F.3d 1038 (2nd Cir.1995) is inapplicable to the case at bar. Performing a valid differential diagnosis by necessity requires the same type of analysis performed by toxicologists, defendants argue, and the threshold objective is to identify all of the known possible causes of the specific condition in question. The causes must be ruled in before they are ruled out, and ruling in a toxicological cause requires credible scientific evidence that a particular chemical can cause the condition. To establish this, someone in the scientific community has to perform valid tests using the generally accepted methodology described in Dr. Guzelian’s affidavit, because without credible scientific evidence that a condition can be caused by a particular chemical, attributing the condition to exposure to the chemical solely on the basis that the exposure preceded the condition is not science, but speculation. Defendants assert further that Dr. Kilburn’s methodology for arriving at his differential diagnosis is invalid because Dr. Kilburn is not plaintiffs treating physician, did not review his medical records or conduct a meaningful investigation into plaintiffs physical condition prior to exposure to Ru-biflex, did not perform or review any pathological studies, did not review all of the pertinent MSDSs before forming his opinion, and did not cite to any scientific or medical treatises to support his opinion that a single, brief exposure to Rubiflex or its components can cause permanent, progressive damage to the central nervous system. In fact, defendants assert, there is no evidence that Dr. Kilburn even conducted a search of the scientific and medical literature until after forming his opinion. As stated by the Ninth Circuit Court of Appeals in Claar v. Burlington Northern R. Co., 29 F.3d 499, 503 (9th Cir.1994), “Coming to a firm conclusion first and then doing research to support it is the antithesis of this [the scientific] method.” Defendants further assert that Dr. Kil-burris opinion is unreliable because it is based upon unreliable information about plaintiff, pointing out that Dr. Kilburn relies entirely upon plaintiff for information about his medical history, the facts and circumstances surrounding his exposure, and the development of his alleged symptoms. Thus, defendants assert, Dr. Kil-burn’s differential diagnosis is only as reliable as the information plaintiff provided to him. A differential diagnosis based upon inaccuracies and misplaced assumptions is not good medicine or good science. Defendants point out that Dr. Kilburn’s toxic exposure questionnaire included a question about prior trauma to the head which plaintiff did not answer. Had Dr. Kilburn reviewed plaintiffs medical records, defendants state, he would have discovered that plaintiff sustained concussions on two occasions prior to the exposure. Plaintiff admitted in his deposition that he sustained a concussion while playing high school football in September 1986, and although plaintiff denied sustaining any other head injuries, his. medical records reveal that he sustained another concussion in a motor vehicle accident in December 1987 [Downs Depo. at 225, Doc. 49, Exhibit D], In conclusion, defendants state that Dr. Kilburn is not a psychologist, neurologist, or toxicologist and he has little or no formal training in those fields. He has created a cottage industry out of giving neu-rotoxieological examinations, however, primarily to plaintiffs in toxic tort cases. Dr. Kilburn’s self-proclaimed revolutionary beliefs about the adverse effects chemicals allegedly have on the brain and central nervous system are not generally accepted and are not supported by any credible scientific evidence, defendants argue, and this is precisely the type of junk science Daubert was designed to eliminate from the courtrooms of this country. Accordingly, defendants conclude, Dr. Kilburn should not be permitted to give testimony in this case [Doc. 49]. III. PLAINTIFFS’ EXPERT WITNESS Defendant has moved to exclude the testimony of plaintiffs expert, Dr. Kaye H. Kilburn, asserting that Dr. Kilburn’s opinions do not satisfy the legal requirements set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 118 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and he is not qualified to testify about ICI’s product. The qualifications, experience, and opinions of Dr. Kilburn are set forth below. Dr. Kaye H. Kilburn is a medical doctor who graduated from the Utah College of Medicine and initially interned in surgery and completed a medical residency in internal medicine at Duke University in 1957/1958. He served two years in the U.S. Army Medical Corps, running a laboratory for cardio-pulmonary physiology at Fitzsimmons General Hospital, spent a year in cardiology in London, and became board eligible in cardiology. He served on the medical faculty at the University of Colorado, then at Washington University in St. Louis, and then served as an associate professor of medicine at Duke University and chief of medical services at the Veterans Administration Center at Durham. He organized the first department of environmental medicine at Duke University. Dr. Kilburn participated with the National Institute of Occupational Safety and Health in solving the problem of airborne toxicity leading to the lung disease Byssi-nosis, which is a similar disease to chronic bronchitis, but is induced by the widespread distribution of cotton dust in textile mills. Dr. Kilburn founded a new division of pulmonary environmental and critical care medicine at the University of Missouri and then went to Mt. Sinai Medical School in New York to head the research department of the Center for Environmental Medicine and worked in the laboratory that studied PCB toxicity identification, asbestos toxicity, and studies on the neuro-behavioral effects of chemicals. In 1980, Dr. Kilburn became the Ralph Edington Professor at the University of Southern California. Dr. Kilburn has published approximately 236 professional papers dealing with toxicity of various materials, the last 36 or 38 of which dealt with nervous system responses to chemical agents. Dr. Kilburn has also written a book entitled, Chemical Brain Injury, which was published by John Wiley & Sons in New York, New York. Dr. Kilburn also has under consideration at University of Indiana Press a book entitled, Foul and, Mischievous Air, and a third book entitled, Twentieth Century Plagues, that is under consideration by a publisher in New York. All of Dr. Kilburn’s books deal with his research and experience in the field of chemicals and their effect upon the human body. Dr. Kilburn currently serves as editor in chief of one scientific journal and serves on the editorial boards of three others. Dr. Kilburn is board certified in Internal Medicine and in Preventive Medicine and Occupational Health. Dr. Kil-burn’s latest book was reviewed by Dr. Alan Hirsch, who is board certified in neurology and psychiatry. Dr. Kilburn testified at the Daubert hearing held in this case that he has developed a method of testing and examining individuals who have been exposed to various chemicals. He related that he conducts what has traditionally been called neuropsychological testing which aims at testing mental functions like problem solving, memory, both recall memory, immediate recall and delayed recall, and that he uses standard methods that were developed by Dr. David Wechsler. He also uses other tests from the Halstead Battery developed at the University of Chicago by a psychologist working with neurologists and neurosurgeons. Dr. Kilburn adopted from the Wechsler and the Halstead Batteries the tests that are designed to discriminate between people exposed to chemicals and the general population. Dr. Kilburn related that the tests that he described in his book were similar to tests that he used in treating and diagnosing the plaintiff in this ease, Andrew A. Downs. Dr. Kilburn related that the methods he uses differ from traditional tests or modalities in the neurological field mostly by extending the tests to get numbers instead of impressions. Dr. Kilburn related that he has objectified the tests and made the calculus one of comparing numbers and has further increased the sensitivity of many of the tests from other disciplines, for example, ophthalmology. Dr. Kilburn testified that, based upon his studies and the use of tests developed by other individuals, his method and his studies were considerably more accurate than those traditionally used and pointed out that his writings concerning his testing and tests had been reviewed independently and adopted by others. Dr. Kilburn further testified that he examined the plaintiff, Andrew A. Downs, in February 1996. Mr. Downs presented himself to Dr. Kilburn seeking to determine if his impairments were real or imagined and Dr. Kilburn found Mr. Downs to be a 25-year old young man with some fairly advanced kinds of impairments that do not ordinarily occur in 25-year olds. Dr. Kilburn tested Mr. Downs for balance using the quantitative Romberg test and compared his findings to tests administered to normal people and found that plaintiff was outside of the range for normal individuals. Dr. Kilburn further tested plaintiffs reaction time and found that he had an abnormal choice reaction time. The tests administered by Dr. Kilburn demonstrated that plaintiffs processing is slowed, that is, his judgmental processing of information. That processing takes place in the brain, probably between the parietal and frontal lobes of the brain. The tests administered by Dr. Kilburn are all intended to sample the central nervous system. Dr. Kilburn also administered a blink reflex test to see how fast the eye gets ready to close. Dr. Schaumburg found that plaintiff had a blink rate of 12.6 for his right eye and 13.6 for his left eye, both of which were within normal limits. Dr. Kilburn further tested plaintiffs hearing by audiometry and found that his hearing was very slightly decreased, within normal limits, in both ears. He then administered a color vision test, called Color Confusion Index, and found plaintiff had only slight abnormalities, nothing that would put him across one and a half deviations from expected. Dr. Kilburn further conducted testing of plaintiffs visual fields and found that plaintiff had major defects on both eyes. The tests revealed reduction in the upper fields of both eyes and an enlarged blind spot on the right eye. Dr. Kilburn completed the vision test by doing contrast sensitivity, which appraises overall vision rather than looking for defects in the vision fields. The next test administered by Dr. Kil-burn was to measure grip strength' and found that his grip strength for both right and left arms was normal. Dr. Kilburn then administered a series of psychological tests, seeking to test the plaintiffs long-term memory, which he found to be good. He also tested plaintiffs recall of stories, and found that plaintiff had very poor recall memory. Dr. Kilburn testified that plaintiffs old memory is fine, but in attempting to keep track of new information, plaintiff loses about 80% of it. The norm is 55% retention, and 45% loss, so plaintiffs loss is much greater than normal. Dr. Kilburn also administered other memory tests for visual design, and plaintiffs immediate response was about 75%, but he lost half of that in 30 minutes. Plaintiff does better with things he sees than he does with things he hears, but with things he sees he has a high loss within 30 minutes, which is unacceptable and a serious loss. Dr. Kilburn also administered a digit span forward and backward, and on that test plaintiff did fine, and also did well on flash memory. But if you extend the flash memory to two or three minutes, plaintiff has a serious impairment shown by the loss of verbal memory. Dr. Kilburn then administered three tests for competency to do visual and manipulative tasks and did another test for cognitive function, on which he did superbly. Another test Dr. Kilburn administered is a malingering check, on which plaintiff received a perfect score, indicating that there was no evidence of malingering. Dr. Kilburn further administered a questionnaire called a Profile of Mood States and found that plaintiffs degree of upset was very elevated on February 13, 1996. Dr. Kilburn further testified that the tests he administered are verifiable and reproducible and have been subjected to peer-review. The tests he administered are widely accepted and used in the relevant scientific community, the tests do not rely on subjective analysis, and incorporate a very conservative expression for abnormality. Dr. Kilburn testified further that an important piece of information he obtained from the plaintiff was whether he had any pre-existing impairments and his medical history. From his performance on the tests administered that are resistant to chemicals, the absence of contributing factors, Dr. Kilburn related that there was nothing that could explain plaintiffs impairment except whatever he was exposed to. Dr. Kilburn ■ related that he obtained information from plaintiffs wife as to his condition prior to his exposure, and found that plaintiff had left school in the eleventh grade to go to work. He determined that plaintiff had a masterful level of intelligence prior to his exposure and found no evidence that he had any kind of impairment of his facial movement or of his face prior to his exposure, and he noted in plaintiffs medical history that Dr. Lim did imaging of plaintiffs brain and skull, magnetic resonance of his brain and neck pattern, showing no abnormality and that the spinal fluid was normal. There was no evidence then or now of any pre-existing or spontaneous neurological disease that could have gotten worse coincident with the exposure, Dr. Kilburn related, and he concluded that exposure to chemic