Proving Causation For 'Increased Risk Of Cancer'

Law360, New York (March 1, 2011, 12:22 PM EST) -- As the science behind toxic tort litigation becomes more sophisticated, “increased risk of cancer” claims are being filed more frequently by plaintiffs who claim to have been exposed to toxic chemicals. These claims are based on the theory that, while the plaintiff is not currently suffering any measurable health effects associated with chemical exposure, the plaintiff’s exposure to toxic chemicals has increased the risk that she will suffer an adverse health effect in the future.

Claims for increased risk of cancer present many thorny questions regarding...
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