Author Archives: David Schwartz

Signature Mutations Might be the Best Alternative Cause Defense You Never Heard Of

An important feature that has emerged from this new genomic knowledge is known as “signature mutations.” In short, specific exposures cause specific patterns of mutations to occur in tumors. These mutation patterns within the cancer tissue therefore serve as a clear marker for that specific exposure (hence the term “signature mutation”).

Expert Planning Meeting for National Mesothelioma Patient Registry – March 26, 2019 in Bethesda

At long last, plans are moving forward to establish a national mesothelioma patient registry in the United States. A key meeting of experts planning the registry will be held on Tuesday March 26, 2019  in Bethesda. The meeting will include panel presentations by mesothelioma experts from CDC and NIOSH, and will include a substantial opportunity for […]

New Evidence of Genetic Drivers for Mesothelioma In Persons With No Known Asbestos Exposure

A recently published article authored by Drs. Michele Carbone, Haining Yang, and Harvey Pass (among others) is relevant to asbestos and talc defendants because it provides additional data supporting the conclusion that inherited genetic variations cause mesothelioma in some persons without any known exposure to asbestos. Most notably for asbestos and talc litigants, 57 out […]

New Paper Explores Heritable Genetic Factors Related To Mesothelioma

A new paper by Kharazmi and colleagues present important data regarding the heritable nature of mesothelioma using epidemiological techniques to analyze the population-based Swedish Cancer Registry. The results, reported in the European Journal of Cancer, are important because the findings confirm that both genes and exposures are relevant, and on their face, appear helpful to […]

Courtroom Implications of New Paper On Germline (Inherited) Mutations Associated with Mesotheliomas (and Perhaps Ovarian Cancers)

This is our second comment on a very recent paper (Panou 2018) reporting findings from a study looking for germline (inherited) variants (mutations) in persons afflicted by mesotheliomas. The paper reported results from a custom gene panel analysis of 195 genes associated with cancers to study a cohort of 198 persons, mainly persons who were […]

New Paper Identifies Several New Inherited Genetic Mutations in Mesothelioma Patients, Creating New Opportunities and Risks for Litigants

Some scientific findings provide both opportunities and risks for litigants in mass tort cases. The point is highlighted by a new paper by Panou and colleagues published in mid- August in the Journal of Clinical Oncology. The paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited (germline) mutations in cancer-associated genes, […]

The Meso Gene [Download ACI Presentations]

The ongoing revolution in genomic science is having an impact on many facets of modern life, including toxic tort litigation. This point was apparent at the recently held American Conference Institute’s 23rd National Forum on Asbestos Claims & Litigation (May 21-23, 2018) in Chicago, where we presented in a session titled “The Meso Gene.” In […]

The Litigator’s Guide to Using Genomics in a Toxic Tort Case

Genomics is a proven and reliable quantitative tool that has dramatically improved cancer treatment, established the practice of personalized medicine, and brought binary clarity to paternity and criminal cases. Genomics is now transforming how civil toxic tort cases are adjudicated. We have hit a tipping point where, instead of merely relying on population-based epidemiological studies, […]

What is the Difference Between Predisposition and Susceptibility in a Toxic Tort Case?

As the application of genomic sciences becomes common in toxic tort litigation, savvy litigators are occasionally concerned about whether genomic information may backfire on the defense or the plaintiff. For example, defense lawyers may worry that plaintiff’s counsel may argue that an exposure to a minute amount of a toxicant caused an injury through an […]