Causation and Risk in the Law of Torts: Scientific Evidence and Medicinal Product Liability
This book provides a comparative account of thee legal and scientific issues relating to proof of causation in cases of alleged drug-induced injury, principally in Europe and North America. It seeks to assess whether, by using probabilistic approaches, the courts may more accurately determine the cause of adverse reactions contentiously associated with drugs. In four case studies (DES, Bondoctin, vaccine damage and Gulf War Syndrome), the deficiencies of orthodox approaches to causation are revealed. A sustained argument is presented in favor of applying greater weight to epidemiological statistics, as refined by the application of the Bayes' Theorem. A valuable feature of this book is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated with the reformed civil process envisaged by the Woolf Report. Goldberg also examines the economic implications of these proposals. The book is a timely contribution to the resolution fo the legal problems in this complex area of tort law.
23 pages matching development risk defence in this book
Results 1-3 of 23
What people are saying - Write a review
We haven't found any reviews in the usual places.
A Legal and Probability Analysis
Diethylstilbestrol and Causation
Scientific Evidence Causation and the
3 other sections not shown
adenocarcinoma adverse drug reaction American Law Institute appears approach arguable assessment balance of probabilities Bayes Bendectin birth defects brain damage burden of proof causal link causation and medicinal chance Chap child claim compensation Consumer Protection Act corrective justice Court of Appeals Daubert decision defendant defendant's development risk defence Diethylstilbestrol disease DLR 4th DPT vaccine economic effect Eli Lilly epidemiological evidence expert evidence F 2d F Supp fact Gulf Gulf War Syndrome harm Hymowitz Ibid issue jury London Lord Woolf manufacturer market share liability mass tort medicinal products Merrell Dow Pharmaceuticals negligence neurological NYS 2d pertussis pertussis vaccine plaintiff probabilistic problem Product Liability product liability litigation proof of causation Protection Act 1987 prove relevant Report requirement respect result scientific evidence Sindell Stapleton statistical strict liability studies swine flu Syndrome thalidomide Theorem third-generation tion Tort Law trial Vaccine Damage Vaccine Injury vaginal