Causation and Risk in the Law of Torts
By R Goldberg
This book provides a comparative account of thee legal and scientific issues relating to proof of causation in cases of alleged 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 favor of applying greater weight to epidemiological statistics, as refined by the application of the Bayes' Theorem. A valuable feature of this book is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated with the reformed civil process envisaged by the Woolf Report. Goldberg also examines the economic implications of these proposals. The book is a timely contribution to the resolution fo the legal problems in this complex area of tort law.
Publication Date: 3/19/1999