Will Genomics Become Routine in Toxic Torts Causation Evaluation?

, The Legal Intelligencer


The current state of causation evidence in toxic tort litigation has generated grumbles of unreliability, understandable controversy and the feeling of a jury crap shoot. Jurors are often left weighing statistical evidence containing large data gaps and speculative extrapolations versus sympathetic claims often involving debilitating or fatal diseases. However, the emerging advances in genomics, the ever-increasing compilation of genetic data and the lower costs of individualized testing has opened the door for the use of individualized genetic evidence to support and defend toxic torts with a level of unprecedented reliability.

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