Risk, statistical inference, and the law of evidence: The use of epidemiological data in toxic tort cases

Journal Article · Tue Sep 01 00:00:00 EDT 1992 · Risk Analysis

DOI:https://doi.org/10.1111/j.1539-6924.1992.tb00686.x· OSTI ID:62900

Brannigan, V M ^[1]; Bier, V M ^[2]; Berg, C ^[3]

---

1. Univ. of Maryland, College Park, MD (United States)
2. Univ. of Wisconsin, Madison, WI (United States)
3. Georgetown Univ. School of Medicine, Washington, DC (United States)

Toxic torts are product liability cases dealing with alleged injuries due to chemical or biological hazards such as radiation, thalidomide, or Agent Orange. Toxic tort cases typically rely more heavily that other product liability cases on indirect or statistical proof of injury in toxic cases. However, there have been only a handful of actual legal decisions regarding the use of such statistical evidence, and most of those decisions have been inconclusive. Recently, a major case from the Fifth Circuit, involving allegations that Benedectin (a morning sickness drug) caused birth defects, was decided entirely on the basis of statistical inference. This paper examines both the conceptual basis of that decision, and also the relationships among statistical inference, scientific evidence, and the rules of product liability in general. 23 refs.

• Sponsoring Organization: USDOE
• OSTI ID: 62900
• Journal Information: Risk Analysis, Vol. 12, Issue 3; Other Information: PBD: Sep 1992
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING AND POLICY
55 BIOLOGY AND MEDICINE
BASIC STUDIES
HAZARDOUS MATERIALS
RISK ASSESSMENT
EPIDEMIOLOGY
STATISTICAL MODELS
CIVIL LIABILITY