Causation in toxic tort litigation: The role of epidemiologic evidence

Abstract

Epidemiology has played an important role in litigation involving alleged chemically induced illness. Epidemiologic studies can be used to examine the issue of disease causation. This article discusses basic epidemiologic concepts, including criteria for causal inferences, and their relationship to legal causation. The standard of proof in a lawsuit and the judicial decision-making process are reviewed. Limitations imposed by the nonexperimental nature of epidemiology are discussed in the context of litigation. Potential procedural barriers to the use of epidemiologic evidence are considered. The utility of such evidence is more likely to be influenced by substantive rather than procedural limitations.