TOXIC TORT LITIGATION: MEDICAL AND SCIENTIFIC PRINCIPLES IN CAUSATION

1990 ◽  
Vol 132 (supp1) ◽  
pp. 69-78 ◽  
Author(s):  
THOMAS W. HENDERSON

Abstract A definition and an explanation of the legal standard for imposition of legal liability in a toxic tort case are set forth. The focus is on how expert witnesses utilize the applicable medical and scientific data in order to provide opinion evidence of the causal relation between exposure to a toxic substance and disease in an individual case. The author concludes that policy considerations are present in both the legal standard and the basis for establishing a cause and effect relation.

2008 ◽  
Vol 27 (2) ◽  
pp. 97-107
Author(s):  
Gary E Marchant

Policy implementation of hormesis has to date focused on regulatory applications. Toxic-tort litigation may provide an alternative policy venue for real-world applications of hormesis. Businesses and government entities, who are sued by individuals claiming to have been injured by exposure to very low levels of toxic substances may defend those cases by deploying hormesis to argue that such exposures were unlikely to be harmful. The threshold issue in using hormesis in toxic-tort defense is whether such evidence will be admissible under applicable standards for scientific evidence, which will likely turn on whether hormesis is deemed to be `generally accepted' in the relevant scientific community. Given the relatively novel status of hormesis, its admissibility will likely be a close call, but is likely to be held admissible in favorable circumstances. If admissible, hormesis is likely to receive a fairer and more even-handed consideration than in regulatory decisions, where regulatory agencies are bound by policy-based default assumptions that limit their receptivity to new concepts such as hormesis. The perception of hormesis by juries will likely be the critical factor for determining the utility of hormesis in toxic-tort litigation, and this perception is likely to be affected by the presentation and circumstances in the individual case.


1927 ◽  
Vol 36 (4) ◽  
pp. 513
Author(s):  
Leon Green

2017 ◽  
Vol 23 (2) ◽  
pp. 115-122 ◽  
Author(s):  
Keith J. B. Rix ◽  
Derek K. Tracy

SummaryIn this second part of a two-article review on malingering we consider the challenges of presenting clinical and psychometric findings. Numerous clinical and demographic factors are statistically associated with malingering but applying them to an individual case risks challenges to the expert psychiatric witness's evidence. Although psychometric data can usefully help strengthen or challenge a diagnosis, expert witnesses must recognise and report the limitations of these tests. We recommend that psychiatric expert witnesses do not try to look for or to link any external incentives with clinical findings, and indeed we suggest that they should, other than exceptionally, avoid using the term ‘malingering’. It is the job of the court, not the expert witness, to ascertain an individual's credibility and motives. We suggest a framework for presenting expert psychiatric evidence in this area.Learning Objectives• Appreciate clinical and sociodemographic factors associated with malingering, and the challenges to applying these in individual cases• Understand the legal scrutiny to which the reporting of psychometric data might be exposed• Appreciate the roles of the expert witness and the court, and have a suitable framework for reporting expert psychiatric evidence in such cases


Phronesis ◽  
2005 ◽  
Vol 50 (2) ◽  
pp. 150-169
Author(s):  
Helen Lang

AbstractProclus composed 18 arguments for the eternity of the world and they survive only because Philoponus, intending to refute Proclus' arguments one by one, quotes each; one copy of Philoponus' work – and so Proclus' arguments too – survives. Because of their odd history, these arguments have received little attention either in themselves or in relation to Proclus' other works, even though they are intrinsically interesting and reflect his larger philosophical enterprise. I first examine Argument XVIII, in which Proclus calls on "perpetuity", "eternity", and "time" to argue that the cosmos must be eternal. This argument leaves unanswered two important questions. The cosmos is caused by god and is itself a god; how can a cause and its effect both be gods? Proclus concludes that the cosmos is "a copy of the perpetuity of the eternal"; but what does this phrase – and the conclusion that it expresses – mean? To answer these questions, I turn to The Elements of Theology, a systematic progression of 211 propositions disclosing the causal structure of all reality. "Eternity" and "time", along with "being perpetual", also appear here, particularly in propositions 40-55, to which I turn in the second part of this paper. They are conjoined with what Proclus calls "the Self-Constituted". I argue that by understanding the relation of the Self-Constituted as a cause to its effect, what depends upon another, we can also understand the causal relation between god and the cosmos. The cosmos can be called divine because, via the cause/effect relation between them, god and the cosmos are both eternal; the cosmos is "a copy of the perpetuity of the eternal" because via its relation to god, the cosmos becomes what its cause is, and in this precise sense an effect "imitates" its cause.


2021 ◽  
Vol 4 (2) ◽  
pp. 81-92
Author(s):  
Afrina Andriani br Sebayang ◽  
Enrico Antonius ◽  
Elisabeth Victoria Pravitama ◽  
Jonathan Irianto ◽  
Shannen Widijanto ◽  
...  

The Coronavirus disease 2019 (Covid-19) has led all countries around the world to the unpredicted situation. It is such a crucial to investigate novel approaches in predicting the future behaviour of the outbreak. In this paper, Google trend analysis will be employed to analyse the seek pattern of Covid-19 cases. The first method to investigate the seek information behaviour related to Covid-19 outbreak is using lag-correlation between two time series data per regional data. The second method is used to encounter the cause-effect relation between time series data. We apply statistical methods for causal inference in epidemics. Our focus is on predicting the causal-effect relationship between information-seeking patterns and Google search in the Covid-19 pandemic. We propose the using of Granger Causality method to analyse the causal relation between incidence data and Google Trend Data.


1999 ◽  
Vol 13 (2) ◽  
pp. 101-112 ◽  
Author(s):  
Robert Thornton ◽  
John Ward

In recent decades, the involvement of economists as consultants and expert witnesses in civil tort actions has grown rapidly. In this article, the authors discuss the reasons for this phenomenon and the extent to conflicts of interest to arise in the practice of what is frequently called ‘forensic economics.’ They argue that, although conflict-of-interest pressures exist, the limited evidence does not indicate that unethical practices are rampant within the profession. Moreover, market correctives, judicial screening, codes of ethical behavior, and the dissemination of knowledge concerning proper forensic practice help to serve as (arguably imperfect) safeguards against unethical practice.


2016 ◽  
Vol 21 (1-2) ◽  
pp. 69-78
Author(s):  
Mingxiao Du

Impartiality of expert witnesses means that such experts operate within scientific principles and legal procedures. By doing so, they assist the trier of fact. There are two aspects to the requirements for the impartiality of expert witnesses: the individual perspective and the industry perspective. Each expert witness must follow individual standards, including avoiding irrelevant information affecting his or her opinions; applying reliable methods; employing reasonable analysis; and providing the findings in comprehensive reports (including a precise description of personal background and expert activity). They must also follow industry standards of forensic science regarding objective technical accessible demands, laboratory management and career management. Biased expert witnesses, however, will damage impartiality and impede the goal of assisting the trier of fact. Based on psychological theories such as dual process theory, authoritarian personality and intergroup threat, this paper classifies expert witness bias into four categories: (1) cognitive bias; (2) bias in the analytic process; (3) bias resulting from the position of the expert witness at trial; and (4) the social bias arising from social pressure or economic pressure. Because bias influences the relevance, credibility and impartiality of experts, steps should be taken to restrict certain categories of bias, which can be and must be controlled. Reflecting the differences between the Anglo-American legal system and the Chinese legal system, in China the bias of expert witnesses should be controlled in terms of actions, occupational management and independence of laboratories.


2021 ◽  
Vol 11 (11) ◽  
pp. 1196
Author(s):  
Anca Angela Simionescu ◽  
Anca Streinu-Cercel ◽  
Florin-Dan Popescu ◽  
Ana Maria Alexandra Stanescu ◽  
Mariana Vieru ◽  
...  

Vaccinations during pregnancy can protect the mother from several infections, thus blocking vertical transmission. Furthermore, through passive antibody transfer, the newborn can be protected against some infections in the first months of life until their own vaccination regimen is initiated and completed at the appropriate age. Pregnancy can be considered a high-risk condition that increases vulnerability to infectious diseases with potentially unfavorable evolution. We present the current knowledge on vaccination during pregnancy in Europe as a useful information source for different health workers involved in prenatal care. Many European countries implement vaccination policies specifically designed for pregnant women, but there is great heterogeneity among programs. Recommendations on vaccination during pregnancy must be based on current high-quality scientific data. The decisions must be made for each individual case, depending on the associated conditions or special circumstances, with a concomitant assessment of the potential benefits and risks to both the pregnant patient and the fetus. Many vaccines are well-tolerated in pregnant women, with no clinically meaningful injection site reactions, systemic symptoms, or vaccine-related serious adverse events.


Author(s):  
Sagar R. Bhimani ◽  
Sapna D. Gupta ◽  
Kamlesh P. Patel ◽  
Supriya D. Malhotra

SARS-CoV-2, the virus that causes coronavirus disease 19 (COVID-19), has spread rapidly around the world. Researchers have been working round the clock to develop effective vaccines, which people started receiving in December 2020. Therefore, careful follow-up and surveillance studies for continued vaccine safety monitoring will be needed to ascertain the potential risks of such adverse events or disease. Here, we present two individual cases of pancreatitis and typhilitis following COVID 19 vaccination. In the first case of a 38 years old male patient developed pancreatitis after 4 days of COVID 19 vaccination and in second case, of a 60 years old female patient developing typhilitis after just one day after vaccination. All possible causes of this occurrence were ruled out. Two main factors suggest a possible link to the vaccine, the chronology of the events and the incongruent immune response to the vaccine component. It is not possible to establish a direct causal relation between vaccination and adverse event following immunization; however, this report can be used to alert practitioners to this possibility of adverse event following immunization after COVID-19 vaccine.


Author(s):  
R. F. Bils ◽  
W. F. Diller ◽  
F. Huth

Phosgene still plays an important role as a toxic substance in the chemical industry. Thiess (1968) recently reported observations on numerous cases of phosgene poisoning. A serious difficulty in the clinical handling of phosgene poisoning cases is a relatively long latent period, up to 12 hours, with no obvious signs of severity. At about 12 hours heavy lung edema appears suddenly, however changes can be seen in routine X-rays taken after only a few hours' exposure (Diller et al., 1969). This study was undertaken to correlate these early changes seen by the roengenologist with morphological alterations in the lungs seen in the'light and electron microscopes.Forty-two adult male and female Beagle dogs were selected for these exposure experiments. Treated animals were exposed to 94.5-107-5 ppm phosgene for 10 min. in a 15 m3 chamber. Roentgenograms were made of the thorax of each animal before and after exposure, up to 24 hrs.


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