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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Causation and Risk in the Law of Torts: Scientific Evidence and Medicinal Product Liability


ISBN13: 9781901362855
ISBN: 190136285X
Published: March 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £78.00



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This work provides a comparative account of the legal and scientific issues relating to proof of causation in alleged cases of 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 favour of according greater weight to epidemiological statistics, as refined by the application of the Bayes' Theorem.

A useful feature is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated within the reformed civil process envisaged by the Woolf Report. The book also examines the economic implications of these proposals.

Subjects:
Medical Law, Tort Law
Contents:
Causation and medicinal products - a legal and probability analysis; diethylstilbestrol and causation; scientific evidence, causation and the law, lessons of Bendectin (debendox) litigation; vaccine damage and causation - a comparative perspective; causation, medicinal products and the ""Gulf War Syndrome""; causation and medicinal products - an economic analysis; the development risk defence and medicinal products; possible economic consequences of probabilistic approaches to causation; conclusion.