The basic premise of a cancer-cluster litigation is that there is more than an expected number of cancer cases of a certain type in an area and that the cancers — or at least those of the plaintiffs in the litigation — were caused by a common exposure, such as the release of a chemical carcinogen from a nearby industrial facility.
Statisticians have a field day with such allegations, as it can be shown that, even in the absence of any unusual environmental exposure, there is an 87 percent probability that a census tract will have a statistically significant elevated cancer rate for at least one of 80 types of cancers.[FOOTNOTE 1] Even those scientists who emphasize the role of environmental exposures as a causative element in the incidence of cancer concede that the “data requirements for traditional epidemiological studies are rarely met” in the analysis of disease clusters.[FOOTNOTE 2]
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]