ADaubertMotion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation

Inference in Forensic Pathology

Forensic pathologists make inferences about cause and manner of death. Those inferences have come under increasing scrutiny by the courts, by social critics of our findings, and by society at large. Much of this criticism is due to our inability to explain our inferential process. Forensic pathologists should be able to cogently explain the reasoning behind their findings, and express it in terms useful to stakeholders. This requires that we have a basic understanding of different kinds of inference and the scientific method, how they are used and their limitations. Medical diagnosis is not a simple matter of application of cookbook-style inferential laws, but involves a combination of deduction, induction, abduction, dialectic, and informal inference. There are significant differences between the way physicians make inferences compared to how they justify them. A discussion of different kinds of inference, inferential fallacies, evaluation of evidence, causation, and the scientific method is provided, with illustrations from the practice of forensic pathology.

Finding toxicological information: An approach for occupational health professionals

Background

It can be difficult for occupational health professionals to assess which toxicological databases available on the Internet are the most useful for answering their questions. Therefore we evaluated toxicological databases for their ability to answer practical questions about exposure and prevention. We also propose recommended practices for searching for toxicological properties of chemicals.

Methods

We used a systematic search to find databases available on the Internet. Our criteria for the databases were the following: has a search engine, includes factual information on toxic and hazardous chemicals harmful for human health, and is free of charge. We developed both a qualitative and a quantitative rating method, which was used by four independent assessors to determine appropriateness, the quality of content, and ease of use of the database. Final ratings were based on a consensus of at least two evaluators.

Results

Out of 822 results we found 21 databases that met our inclusion criteria. Out of these 21 databases 14 are administered in the US, five in Europe, one in Australia, and one in Canada. Nine are administered by a governmental organization. No database achieved the maximum score of 27. The databases GESTIS, ESIS, Hazardous Substances Data Bank, TOXNET and NIOSH Pocket Guide to Chemical Hazards all scored more than 20 points. The following approach was developed for occupational health professionals searching for the toxicological properties of chemicals: start with the identity of the chemical; then search for health hazards, exposure route and measurement; next the limit values; and finally look for the preventive measures.

Conclusion

A rating system of toxicological databases to assess their value for occupational health professionals discriminated well between databases in terms of their appropriateness, quality of information, and ease of use. Several American and European databases yielded high scores and provide a valuable source for occupational health professionals.

Benzene-induced cancers: abridged history and occupational health impact

Benzene-induced cancer in humans was first reported in the late 1920s. Carcinogenesis findings in animals were not reported conclusively until 1979. Industry exploited this "discrepancy" to discredit the use of animal bioassays as surrogates for human exposure experience. The cardinal reason for the delay between first recognizing leukemia in humans and sought-after neoplasia in animals centers on poor design and conduct of experimental studies. The first evidence of carcinogenicity in animals manifested as malignant tumors of the zymbal glands (sebaceous glands in the ear canal) of rats, and industry attempted to discount this as being irrelevant to humans, as this organ is vestigial and not present per se in humans. Nonetheless, shortly thereafter benzene was shown to be carcinogenic to multiple organ sites in both sexes of multiple strains and multiple species of laboratory animals exposed via various routes. This paper presents a condensed history of the benzene bioassay story with mention of benzene-associated human cancers.