In theory, there are two penalties that already exist: The state not getting a conviction because the defense excludes the evidence based on the Daubert standard, or, if that craps out, the defense planting a reasonable doubt in the minds of the jury by pointing out that the prosecution's case is built on nothing.

https://www.law.cornell.edu/wex/daubert_standard

> Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4)the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.