Unverified Science-Based Claims in the Media – Another Example Why the “Ingelfinger Rule” is so Important

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It’s likely that most readers of this blog, let alone most members of the public, have little idea of what the Ingelfinger Rule is and less about why it is so important. First promulgated in-house by the New England Journal of Medicine in 1969, the rule stipulated that the editors would not accept findings that
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How to Find the Right Regulatory Experts for Your Case or Controversy

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Whether you are outside counsel retained in a pharmaceutical product liability case or in-house counsel responsible for a chemical manufacturer in a high-profile government investigation, having the right regulatory expert can be the difference between remarkable success and high stakes failure. What should you look for in an expert? In selecting the best regulatory expert,
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Do You Have the Right Scientific and Technical Support To Succeed In Biopharmaceutical Patent Litigation?

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This post was authored by David H. Schwartz, a principle at Innovative Science Solutions and Paul Fehlner, JD, PhD, founder of Life Sciences Innovation. Paul is a life sciences lawyer and biopharmaceutical consultant with a strong intellectual property focus who partners with research institutes, startups, and Fortune 500’s to help them transform basic scientific discoveries
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Using Big Data Tools To Help Build Great Expert Teams

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As a litigator specializing in product liability, toxic torts, government actions and other civil litigation, identifying the right experts and recruiting a team of experts perfectly suited to your case can be critical to your success, especially when that case involves complex scientific issues. Different Types of Expert Disciplines For example, in cases that involve
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Effective Use of Scientific Principles in The Courtroom: From Silicone to Talc and Beyond

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Nathan Schachtman is a lawyer with a deep respect and passion for the rigorous application of science in toxic tort and pharmaceutical and medical device litigation. Over the years, Nathan has played a significant role defending manufacturers of products as diverse as breast implants, welding rods, hormone replacement therapies, antidepressants, asbestos and silica. Nathan has
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Opiate Litigation: What’s on the Horizon?

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In 1996, James Campbell, a neurosurgeon at Johns Hopkins Medical School, gave a keynote speech at the American Pain Society’s annual conference. Campbell argued that hospitals must change their views on pain management by treating it as “The Fifth Vital Sign,” elevating it to the importance of collecting standard signs and symptoms (e.g., blood pressure, temperature, heart rate, and respiratory rate) as part of a standard medical exam.
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How E-Cigarettes Are Viewed by Young Adults and Are They Effective?

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Maintaining a comprehensive and continuous awareness of the science is critical to any winning legal strategy – especially when it comes to cases involving products like electronic cigarettes (e-cigarettes) where the science is constantly changing and emerging. The best science-based defenses are those that are informed and constantly up-to-date on the science. E-cigarettes, sometimes referred
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The Importance of Attributable Risk in Toxic Tort Litigation

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From a scientific standpoint, toxic tort cases, are about attributing a specific injury to a specific exposure. How can plaintiffs appropriately identify those individuals whose exposure was responsible for an injury? Or, alternatively, how can the defense identify those individuals whose exposure was not responsible for an injury. In epidemiology, this concept is assessed using
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Using Genomics to Prevail in Toxic Tort Litigation

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Over the past several decades, genomic science revolutionized the practice of criminal law and is now in the process of transforming civil law. While the use of genetic science in criminal law tended to focus on relatively narrow issues, the genetic revolution in civil law is likely to lead to far wider ranging implications, including causation, foreseeability, compensation, ethics and risk management.
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Presenting The Science Is Key In Talc Trials

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Establishing a rigorous and reliable causal inference between an exposure and an adverse health outcome is one of the most difficult things to do in the health sciences. However, it is sometimes even more difficult to effectively and appropriately demonstrate that a causal relationship does not exist.
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