Science & Law Blog Archive | Page 3 of 22 | Innovative Science Solutions

Advances in Interpreting Findings from BRCA1 Mutations

Posted by Kirk Hartley and David H. Schwartz on September 20, 2018

An interesting new paper about the BRCA1 gene was published in the journal Nature last week (see here for a summary of the findings). The article is notable because it appears to offer some intriguing possibilities for relatively rapidly bringing even better genomic knowledge into cancer cases. In short, the article is focused on using

Courtroom Implications of New Paper On Germline (Inherited) Mutations Associated with Mesotheliomas (and Perhaps Ovarian Cancers)

Posted by Kirk Hartley and David H. Schwartz on September 17, 2018

This is our second comment on a very recent paper (Panou 2018) reporting findings from a study looking for germline (inherited) variants (mutations) in persons afflicted by mesotheliomas. The paper reported results from a custom gene panel analysis of 195 genes associated with cancers to study a cohort of 198 persons, mainly persons who were

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

Posted by David Schwartz 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

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

Posted by Kirk Hartley and David H. Schwartz 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,

No Ginger in Ginger Ale – “Nuisance Litigation” Against Food Manufacturers Continues to Rise

Posted by Crista Trippodi Murphy 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

New Jersey Adopts Stricter Standards for Admissibility of Expert Testimony

Posted by Crista Trippodi Murphy 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

Massive Talc Verdicts Will Encourage More Investment in the Litigation Industry Related to Asbestos

Posted by Giovanni Ciavarra and Kirk Hartley and David H. Schwartz 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

Litigation in the Pipeline for Liquid Filled Intragastric Balloon Systems?

Posted by Giovanni Ciavarra 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

Genomics as an Insurance Claims Management Tool

Posted by David Schwartz 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

All Mesothelioma Cases Are Not Caused by Asbestos

Posted by David Schwartz 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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