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 […]
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 […]
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 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 […]
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, […]
Today’s advances in science provide some insights into tomorrow’s science and implications for litigation. Consider, for example, the possible implications of a “gut monitoring” pill that can be swallowed and will then send out wireless data regarding conditions encountered. As of today, the pill picture above is a real world example of such a pill. […]
As the application of genomic sciences becomes common in toxic tort litigation, savvy litigators are occasionally concerned that genomic information may backfire on the defense. Specifically, defense lawyers worry that plaintiff’s counsel may allege that an exposure to a minute amount of a toxicant caused an injury through an individual’s unique genetic pathway. This can […]
As the application of genomic science becomes more common in toxic tort litigation, savvy litigators are thinking about how statements about genetic findings may fit into legal categories or terms of art. In our view, non-scientists need to keep in mind that words used as terms of art for genetic findings are not necessarily equivalent […]
More professionals are speaking about the reality that analysis of genomic variables is an increasing part of toxic tort litigation. For example, genetic analysis in toxic tort litigation was addressed by Lisa L. Oberg of Dentons during the March 7-8, 2018 Perrin Conference on Cutting Edge Issues in Asbestos Litigation. Ms. Oberg is a defense […]
Hundreds of lawsuits have been filed making claims that talcum powder causes ovarian cancer, and several cases have gone to verdict, with some wins by each side. Remarkably, however, the vast majority of the testimony in these cases is about epidemiologic findings, with little or no mention of the role of genetics as the underlying […]