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 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 […]
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 […]