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 […]
Each year, adverse drug events cost millions of dollars in hospital admissions, injuries to patients, and malpractice. And companies spend billions of dollars on litigation involving allegations that their drugs caused adverse drug reactions (ADRs). What if there was a better way to determine individualized drug adverse events? Welcome to the Age of Proteomics The […]
Seeing is believing. And seeing into the future can be highly important for tort lawyers. Accordingly, persons involved in manufacturing and/or the litigation industry will be well served by looking ahead to new scientific advancements that will arrive sooner than most would expect. Consider the role of seeing in many “simple” tort cases. In some […]
In June 2017, International leaders in mesothelioma research reported the results of their latest study describing the roles of BAP1 mutations in cancer. Their findings were reported in perhaps the top international medical journal (Nature), as well as a much less formal popular press article. The less formal article was titled “Dr. Michele Carbone and […]
Due to scientific advances in molecular biology, questions about a person’s DNA are more frequently becoming prominent in civil law, including “toxic tort” cases. To date, evidence about inherited DNA mutations has been instrumental in cases involving medication(s), vaccines, benzene, asbestos, and/or tobacco. This post provides an overview of some articles and events illustrating some […]
To avoid needless ethical and/or legal disputes and to avoid wasting time and money, it’s important to think about genomic issues early on in a case. It’s also useful to look across sets of cases to get a clearer understanding of how genomics can provide an effective strategy. In general, it’s desirable and cost-effective to […]
Causation is often the key to toxic tort cases. The issues can be especially difficult if a would-be plaintiff has developed a “signature” disease typically associated with a “toxin,” but the evidence of exposure is thin. That type of fact pattern can create…