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Giovanni Ciavarra

David Schwartz

Bridging the Gap Between Science and the Law

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E-Cigs are Heating Up! And Science Will Have an Impact on the Legal Landscape

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Since entering the U.S. market in 2007, the science related to electronic cigarettes, or e-cigarettes, has been emerging on a number of fronts including their potential health effects, and effectiveness as potential smoking cessation instruments. As a testament to their prominence in mainstream culture, the verb vape (i.e. related to inhaling/exhaling the vapor produced by an e-cigarette) was named as Oxford English Dictionary's 2014 Word of the Year.

The Burden of Proof in Science


I recently published a letter to the editor in the journal Environmental Health Perspectives in response to a commentary that got my attention. The commentary raised a provocative and fundamental question that has come up from time to time since I began consulting for the legal profession:

Keeping Up with Asbestos Science is Hard!

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The science related to asbestos health effects is emerging at break-neck speed.

Four Common Mistakes in Making Science-Based Policy

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Check Out Our Letter to the Editor in Environmental Health Perspectives

Back in July, I read with interest a commentary in Environmental Health Perspectives by Kevin Elliott and and David Resnick discussing an important topic related to litigation involving complex scientific topics: the role of science in setting policy. It was both interesting and disheartening to see the following three common mistakes in using science to set policy.

Effective Use of Science and Regulations in Pharmaceutical Litigation


On October 14th, Innovative Science Solutions organized a webinar with Momentum Events, entitled:

Is Your Adversary Navigating Toxic Tort Litigation Systematically?

Navigation Guide Protocol

The Navigation Guide Systematic Review Methodology is an approach developed by a group of scientists to objectively and transparently evaluate a set of data related to environmental and chemical exposures. 


Importance of Safety Signaling in Drug and Device Litigation

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Safety signaling is a key scientific disipline that often gets overlooked in personal injury case involving pharmacetutical or medical device products. John Clark and I recently published an article on this topic in the Defense Research Institute's (DRI's) quarterly publication, Rx For the Defense.

5 Things Your Consulting Expert Can Help You Do

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Every lawyer knows the importance of finding the perfect testifying expert in complex litigation, such as toxic torts, product liability, or patent disputes. Your testifying expert is the star of the case. You retain him or her to be the face of your case to the court.  This testifying expert must be knowledgeable, credible, persuasive, and personable. Indeed, that perfect testifier can make all the difference and the critical nature of that role cannot be overemphasized.

Are you Forcing your Opposition to Review the Science Systematically?


Whatever the details of your toxic tort, pharmaceutical, medical device, or environmental case, odds are that you will confront multiple scientific studies, sometimes referred to by plaintiffs as “lines of evidence.” Plaintiff counsel will then assert that this evidence, “taken as a whole,” supports their case. Synthesizing these scientific studies into a coherent assessment is ultimately what the legal controversy is all about. Therefore, the methodology for performing this assessment is a critical component of your case.

5 Types of EHS Experts to Consider for Your Next Toxic Tort or Environmental Case

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We discussed in our previous post 10 tips for preparing your environmental health and safety (EHS) expert. As you consider the retention of one or more EHS professionals for your case, the first step is to determine which type of EHS professional could provide valuable testimony that provide your client with opinions that will help them prevail in their case.

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