The current state of causation evidence in toxic tort litigation has generated grumbles of unreliability, understandable controversy and the feeling of a jury crap shoot. Jurors are often left weighing statistical evidence containing large data gaps and speculative extrapolations versus sympathetic claims often involving debilitating or fatal diseases. However, the emerging advances in genomics, the ever-increasing compilation of genetic data and the lower costs of individualized testing has opened the door for the use of individualized genetic evidence to support and defend toxic torts with a level of unprecedented reliability.
Genomics is the study of human genes, their interactions with other genes and the impact of environmental factors. DNA is the road map guiding and directing all living organisms. DNA regulates protein production, which affects body’s cell, tissue and organ formation and function. Humans, in general, have tumor suppression genes, DNA repair genes, genes that control cell growth and genes that affect the metabolism of toxic substances in your body. When “normal” genes are damaged (mutated) through multifactorial source(s), discussed below, your ability to combat disease is compromised, potentially leading to the development of cancer and other illnesses. While more simplistic DNA and genetic evidence is commonplace in criminal cases, paternity disputes and medical malpractice litigation, the emerging genomic-based evidence will predictably become a critical and routine practice in toxic torts.
