Toxic Torts: Designation For Causation

Law360, New York (November 9, 2011, 4:35 PM EST) -- It is often said that toxic torts are won or lost on the strength of the evidence proffered to prove medical causation. Finders of fact are not typically permitted to intuit causation themselves from bare facts and raw data. Rather, “causation must be proven within a reasonable medical probability based upon competent expert testimony[.]”[1]

This is so for the facially obvious reason that carcinogenesis and other complex disease etiologies are the province of specialists and, as such, simply not susceptible to lay problem-solving. As one court...
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