Causation and Risk in the Law of Torts provides a comparative
account of the legal and scientific issues relating to proof of
causation in cases of alleged drug-induced injury, principally in
Europe and North America.
This text 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. Causation and Risk in the Law of Torts is a timely
contribution to the resolution of the legal problems in this
complex area of tort law.
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