Follow the Science Not the Money

Posted by David Schwartz on Tue, Sep, 27, 2016

This post was authored by Joseph Huggard, the General Manager of The Huggard Consulting Group who has spent more than 20 years working on a broad range of high profile issues with a particular emphasis on the use and communication of robust science, better regulation and regulatory impact assessment. Joe is highly regarded for his establishment of panels with high levels of scientific expertise and integrity which have produced influential findings on a variety of difficult issues.

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The Future of Asbestos Litigation - Linking Genomic Science with Rigorous Exposure Assessment

Posted by David Schwartz on Thu, Sep, 15, 2016

The vast majority of malignant mesothelioma (MM) cases are asbestos related, yet the majority of individuals exposed to asbestos (even relatively high doses of amphibole asbestos fibers) do not develop MM. Many have concluded from this observation that there may be some genetic factor or factors that make some individuals more prone to mesothelioma than others -- perhaps even predestined to developing MM, even in the absence of asbestos exposure.

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new report:  asbestos science for toxic tort lawyers (2nd Edition released)

Posted by David Schwartz on Wed, Sep, 07, 2016

As we have highlighted in our blog over the past couple of years, there is a revolution underway in toxic tort litigation. This revolution involves the use of genomic data to define tumor types, to establish causation, and to establish alternate cause arguments. Genomic and other molecular science findings and legal issues continue to take on additional prominence across various subsets of "toxic tort" litigation, such as litigation involving benzene, dioxin, talc, silica and asbestos.

Consistent with our efforts to track scientific advances related to litigators, we are pleased to announce that we have recently updated our White Paper: New Science and Law in Asbestos Litigation (2016 Edition) (co-authored by our colleagues Kirk Hartley at the LSP Group and William Wilt at Assured Rearch).

Scientific Developments Related to Asbestos and talc Litigation

On the science side, in this year's edition, we once again focus on the following topics:

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New Considerations in Defending Against Lung Cancer Cases Part 1: HPV Status

Posted by Giovanni Ciavarra on Fri, Aug, 19, 2016

This article was authored by Giovanni Ciavarra, PhD and Kirk Hartley, Esq.  This post previously appeared on The Goldberg Segalla Asbestos Case Tracker.

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5 Ways to apply Genomic Science to your asbestos cases

Posted by David Schwartz on Wed, Aug, 10, 2016

Many lawyers involved with asbestos litigation recognize the importance of maintaining an awareness of the scientific literature related to genomics in the context of malignant mesothelioma (MM) and lung cancer (LC).

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3 Use Cases that Highlight the Need For Scientific Publication Monitoring

Posted by David Schwartz on Tue, Aug, 02, 2016

In a previous post, we outlined the positive impact of comprehensive science monitoring Science in The Courtroom: How to best prepare for a Science-Based Controversy

In this post, we develop that theme and cover some remarkable use cases demonstrating how critical it is to maintain a robust mechanism to protect organizations from the ever-present threat of a science-based controversy. So, lets get into it.

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Science in The Courtroom: How to best prepare for a Science-Based Controversy

Posted by David Schwartz on Wed, Jul, 27, 2016

Science plays a central role in many aspects of the corporate structure: legal cases, regulatory affairs, consumer and media outreach programs, and of course medical research and development. As a result it is critical for legal teams to maintain a keen awareness of the science related to their cases.

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Video Analysis of Dr. Cramer Talc Testimony: Don’t Let Plaintiff (or Defense) Experts Play Fast and Loose with the Science

Posted by David Schwartz on Thu, Jul, 07, 2016

Johnson and Johnson has recently litigated two cases involving allegations that genital use of its cosmetic talcum powder product causes ovarian cancer. In February 2016, they lost a $72 million verdict to a St. Louis woman who died of ovarian cancer, and more recently they lost a $55 million verdict to a South Dakota woman who blamed her ovarian cancer on genital talc use. In this post we discuss some of the epidemiological studies related to talc and ovarian cancer and then provide some analysis of a short piece of plaintiff expert testimony in a recent talc case. To illustrate, we have embedded video testimony of Dr. Daniel Cramer in the Ristesund case (video footage kindly provided by Courtroom View Connect).

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Seven Reasons the Consulting Expert is More Important Than Ever in Science-Based Litigation

Posted by David Schwartz on Thu, May, 26, 2016

by David H. Schwartz, Ph.D. and Tony B. Klapper, J.D. Tony is the Managing Director for Litigation Consulting and General Counsel for A2L Consulting.

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New FDA Mandate: Increased Scrutiny of E-Cigarette Efficacy and Safety Claims

Posted by Giovanni Ciavarra on Wed, May, 18, 2016

Last week, the FDA finalized a rule which affects e-cigarettes and other products including hookahs, cigars, and pipe tobacco marketed after February 15, 2007. Essentially, most e-cigarette products currently on the market will not be grandfathered in, and will have to go through the FDA approval process retrospectively. Some have expressed concern that the new regulations are too onerous and costly, and will force many small shops and manufacturers out of business.

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