TOXIC TORTS: THE DEVIL IS IN THE DOSE

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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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