This article focuses upon environmental cases. Litigation concerning
pharmaceuticals and medical devices may raise different issues because of the role of the FDA. The interface of science and law is central to toxic tort
litigation. The challenge of eliciting valid and pertinent expert
opinions in toxic tort cases has led to changes in the role of the
judge and to what is admissible in court.3 Daubert v. Merrell Dow
Pharmaceuticals, Inc.4 and other cases have had a major impact
upon toxic tort litigation at a time when the science is also changing
rapidly.5 This article explores the role of the central toxicological
concept of dose in toxic tort litigation.
Source Article By Bernard D. Goldstein, M.DProfessor of Environmental and Occupational
Health and former Dean of the University of Pittsburgh Graduate School of
Public Health. The author would like to thank Russellyn Carruth of the
University of Pittsburgh School of Law for her many insightful observations on
this subject and for her contributions to this manuscript.
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