Two Recent Toxic Tort Verdicts (Totaling Nearly $5 Billion) Demonstrate the Importance of Genomics in the Courtroom

Posted by on September 10, 2018

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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New Paper Identifies Several New Inherited Genetic Mutations in Mesothelioma Patients, Creating New Opportunities and Risks for Litigants

Posted by on September 6, 2018

Some scientific findings provide both opportunities and risks for litigants in mass tort cases. The point is highlighted by a new paper by Panou and colleagues published in mid- August in the Journal of Clinical Oncology. The paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited (germline) mutations in cancer-associated genes,
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No Ginger in Ginger Ale – “Nuisance Litigation” Against Food Manufacturers Continues to Rise

Posted by on August 28, 2018

On July 10, 2018, a federal lawsuit was filed contending that Canada Dry and its parent company Dr. Pepper Snapple, Inc. misled customers by falsely advertising “Made from Real Ginger”. This suit is the latest among several brought against the company asserting that customers believed Canada Dry Ginger Ale to have health benefits because it
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New Jersey Adopts Stricter Standards for Admissibility of Expert Testimony

Posted by on August 14, 2018

On August 1, 2018, the New Jersey State Supreme Court handed down a landmark decision when they unanimously voted to adopt stricter standards for expert testimony, affirming the court’s role as the “gatekeeper of scientific evidence”. Expert Testimony Properly Excluded The court’s ruling is a direct result of ongoing litigation surrounding claims that the prescription
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Massive Talc Verdicts Will Encourage More Investment in the Litigation Industry Related to Asbestos

Posted by and on August 1, 2018

In September, 2016 the firms of LSP Group, Innovative Science Solutions, and Assured Research collaborated to produce our second, in-depth and multidisciplinary analysis of the changes to and new directions in asbestos litigation. Our work included detailed thoughts on the scientific and legal developments, such as risks of more claims involving asbestos and cancers other
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Litigation in the Pipeline for Liquid Filled Intragastric Balloon Systems?

Posted by on July 2, 2018

This post was authored by Sai Gandhe and Giovanni Ciavarra, PhD. Sai is a summer intern at Innovative Science Solutions and a senior at Case Western Reserve University studying systems biology and business management. Obesity has been associated with numerous health problems such as increased risk for heart disease, stroke, diabetes, high blood pressure, sleep
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Genomics as an Insurance Claims Management Tool

Posted by on June 25, 2018

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

Posted by on June 5, 2018

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

Posted by on May 29, 2018

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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Biosimilar Patent Litigators Can Benefit from the Right Consulting and Testifying Experts

Posted by and on May 29, 2018

The commercialization of biosimilars was enabled by the Biologics Price Competition and Innovation Act (BPCIA) of 2009 which was signed into law on March 22, 2010 as part of the Patient Protection and Affordable Care Act. Biologics are produced using living organisms, and thus, are usually much more complex than most small molecule drugs. Biosimilars
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