Can Smoking Cause Mesothelioma?

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The causal relationship between smoking and lung cancer is one of the strongest and most well established in all the health sciences. Asbestos defense attorneys have therefore been eager to determine if there is a causal relationship between smoking and mesothelioma. If such a relationship were identified, in certain cases with the right case-specific facts,
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Signature Mutations Might be the Best Alternative Cause Defense You Never Heard Of

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Genetic knowledge continues to increase at a rapid pace, transforming not only the practice of medicine but also toxic tort litigation. See our previous posts on this topic (e.g., here and here), our webinar, and our comprehensive white paper titled The Litigator’s Guide to Using Genomics in a Toxic Tort Case for more detailed information
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Message to P/C Insurers: The Scientific Revolution is Here

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This article was co-written with William Wilt, President of Assured Research, a research and advisory firm dedicated to delivering highly customized, actionable research and analysis to insurance and investment professionals. It was adapted from their November 2018 briefing. In their February 2018 Assured Briefing warned: “Insurers need to get on board with the scientific revolution or risk being run
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New Evidence Of Genetic Drivers For Mesothelioma In Persons With No Known Asbestos Exposure

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A recently published article authored by Drs. Michele Carbone, Haining Yang, and Harvey Pass (among others) is relevant to asbestos and talc defendants because it provides additional data supporting the conclusion that inherited genetic variations cause mesothelioma in some persons without any known exposure to asbestos. Most notably for asbestos and talc litigants, 57 out of the
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Two Recent Toxic Tort Verdicts (Totaling Nearly $5 Billion) Demonstrate the Importance of Genomics in the Courtroom

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As many of our readers know, there have been two recent, large toxic tort verdicts:  (1) $4.6 billion talc verdict against J&J (22 ovarian cancer cases); and (2) $300 million glyphosate verdict against Monsanto. In both cases, the role of genomics has been oversimplified by the plaintiffs. Specifically, some plaintiff counsel have argued that individual
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Genomics as an Insurance Claims Management Tool

Posted by David Schwartz on Posted on

This article was co-written with William Wilt, President of Assured Research, a research and advisory firm dedicated to delivering highly customized, actionable research and analysis to insurance and investment professionals. It was adapted from their February 2018 briefing. Since the human genome was mapped more than a decade ago, and with the exponential increases in
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All Mesothelioma Cases Are Not Caused by Asbestos

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Ask any seasoned lawyer how he or she plans to defend their next asbestos mesothelioma case and you are very unlikely to hear that general causation will be at the heart of their strategy. In other words, there seems to be a tacit acceptance that asbestos exposure in some form was a cause of the
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The Meso Gene

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The ongoing revolution in genomic science is having an impact on many facets of modern life, including toxic tort litigation. This point was apparent at the recently held American Conference Institute’s 23rd National Forum on Asbestos Claims & Litigation (May 21-23, 2018) in Chicago, where I presented with my colleague Kirk Hartley (also of ToxicoGenomica)
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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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