This book provides a comparative account of the legal and scientific issues relating to proof of causation in alleged cases of 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 favour of according greater weight to epidemological statistics, as refined by the application of the Bayes' Theorem. A valuable feature is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated within the reformed civil process envisaged by the Woolf Report. The book also examines the economic implications of these proposals. It is a timely contribution to the resolution of the legal problems in this complex area of tort law.
Rezensionen / Stimmen
This book should be essential reading for all people interested in causation: for academics and students because of the questions it sees as important (and which one might like to argue with), and for practitioners because of its detailed practical and comparative coverage of the cases and legislation in the area. Prue Vines Adelaide Law Review September 2002 Richard Goldberg's book provides an excellent exposition of this fascinating and important subject... wonderfully researched and superbly referenced... a must for anyone with any interest in pharmaceutical litigation. The Review Editor Medical Litigation September 2002
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 22 mm
Gewicht
ISBN-13
978-1-901362-85-5 (9781901362855)
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Schweitzer Klassifikation
Richard Goldberg is a Lecturer in Law at the University of Birmingham.
Autor*in
Durham University, UK
Causation and medicinal products - a legal and probability analysis; diethylstilbestrol and causation; scientific evidence, causation and the law, lessons of Bendectin (debendox) litigation; vaccine damage and causation - a comparative perspective; causation, medicinal products and the "Gulf War Syndrome"; causation and medicinal products - an economic analysis; the development risk defence and medicinal products; possible economic consequences of probabilistic approaches to causation; conclusion.
