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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Streaming Video Testimony Sheds Light on Role of Science in California Talc Litigation

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Every February 28th, India celebrates National Science Day in honor the  Indian physicist Sir Chandrashekhara Venkata, who discovered the Raman effect. The United States has no equivalent celebration, but “Science Days” have become a commonplace in complex state and federal Litigations, around the country.
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Experts On The Experts: A Deep Dive Into The Make-or-Break Scientific Testimony Deciding Talc Powder Trials

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This article previously appeared on Courtroom View Network.
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Will EU Regulatory Battles Over Endocrine Disruptors Translate to US Litigation?

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There is a battle raging in the European Union on an issue that is recognized in the US only by environmental scientists, policy wonks, and activists: the regulatory status of endocrine disrupting chemicals. As we have written before, this debate could have dramatic implications for litigation in the US. Such litigation could involve claims that
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USING GENOMICS TO PREVAIL IN YOUR NEXT TOXIC TORT CASE

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As any good toxic tort litigator knows, it is not enough for a defendant to demonstrate that the alleged harmful chemical was not the cause of the injury. Rather, an effective defense provides the jury with a reasonable explanation as to what the cause of the injury was. Genomic data offer the defense just such
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