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, […]
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 […]
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 […]
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 […]
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…