The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Low Dose CT Scan Medical Monitoring Trial Arrives for Big Tobacco

Posted in Cancer, Litigation Industry, Mass Tort Issues, Medical Monitoring, Tobacco

Trial has finally arrived for the long-pending and much litigated Donovan class action against big tobacco in federal court in Massachusetts.  For big tobacco, delay apparently is perceived as a friend, but the delay also brought new findings supporting low dose CT scans (2010 post here, and 2015 post here), and a sweeping 2009 ruling… Continue Reading

Medical Monitoring – New Science Creates Biomarker Detection More Sensitive than Existing Techniques

Posted in Medical Monitoring

A UK research team published a May 27, 2012 paper describing a new technique for finding biomarkers in blood — at a level 9x lower than current techniques. ScienceDaily summarizes the paper as published in Nature Materials. The research team is confident the technique will work for other proteins, and is embarking on work to… Continue Reading

National Cancer Institute (NCI) Issues Bulletin on Medical Monitoring Via Low Dose CT Scans – Results Tie to Medical Monitoring Claims Against Big Tobacco

Posted in Medical Monitoring

Results are arriving from new science, and the news ties to medical monitoring claims against the tobacco industry.  Specifically, the National Cancer Institute issued yesterday a "breaking news" release regarding data emerging from long term, double-blind studies on using low dose CT scans to try to find lung cancers earlier in people with major smoking histories. The… Continue Reading

CD 146 – An Update on Biomarkers, Mesothelioma Tumors, and Implications

Posted in Medical Monitoring

Late stage cancers usually kill the victim, brutally. That’s especially true for the vicious cancer commonly known as mesothelioma. Therefore, researchers continue to seek out biomarkers to try to find tumors before they manifest themselves clinically. Success could provide great news for mesothelioma victims. Research success also would bring new issues for defendants and their insurers.  The biomarker frontiers are expanding,… Continue Reading

Asbestos Ban Sought in Phillipines, Along with Some Kind of “Early Detection” Program

Posted in Asia, Medical Monitoring

The article is here. Note also that the article says the legislation would provide money for an early detection program for cancers. One wonders exactly what is contemplated. Note further that the article is part of a stream of asbestos information pouting forth every day from various social media. The plaintiff’s bar is doing very… Continue Reading

Mass Tort Battles Ahead – New Thinking and Arguments, UK Report Endorses Litigation Funding, and Phillip Morris Hires David Bernick from K & E

Posted in Asbestos Bankruptcy, Class Actions/Aggregate Litigation, Fraudulent Conveyance, Medical Monitoring, Securities and Asbestos, Tobacco

I’m setting aside James Hardie and Australia for a few days. News on Friday provides a great springboard for some comments in the same general area of what’s new in mass tort resolution thinking, and some points related to corporate actions to cope with/avoid/limit the corporate damage from mass tort claims._____________________________________________________________________________ How does big tobacco admit it  faces massive global tort warfare… Continue Reading

Mass Tort Claiming and Resolution – Lots of Great Posts and Links at the Mass Tort Litigation Blog

Posted in Creative Settlement Strategies, Exiting the Tort System, Futures Reps, Global Tort Litigation, Mass Tort Issues, Medical Monitoring, Predictions, Science

I’d love to take a few days to read and write about interesting thinking on mass torts and claims resolution issues. But that’s not possible right now. I do, however, have time to urge readers to spend some time on the November and December posts at the Mass Tort Litigation Blog. At the blog, you… Continue Reading

Mayer Brown Weighs in On Medical Monitoring Claims in Illinois

Posted in Global Tort Litigation, Medical Monitoring

Mayer Brown includes Herbert Zarov and other well regarded defense lawyers focused on toxic tort claims. Mr. Zarov and his colleagues recently published this DePaul Health Care Law Review article that sets out a defense perspective on the issues regarding medical monitoring claims in Illinois. The outcome in Illinois will matter because Illinois holds an… Continue Reading

Massachusetts High Court Ruling Approves a New Medical Monitoring Claim Involving Smokers, Low Dose CT Scans and Cellular Changes

Posted in Litigation Industry, Medical Monitoring, Propensity to Claim

Today was not a good day for the tobacco industry or certain other “mass tort” defendants and/or insurers involved with cancer claiming. Why? Despite opposition briefs from almost every major defense group in the US (see n.4), the Massachusetts Supreme Court today issued a unanimous opinion approving a tort claim to obtain medical monitoring using… Continue Reading

New Science – Creating a Test to Find People with Specific Genetic Defects to Create a Unique Cohort for a Clinical Trial

Posted in Damages, Medical Monitoring, Science

This August 27 press release from Abbott and Pfizer exemplifies another way science is changing and will over time create new legal issues as to remedies for tort claims. The pertinent part of the press release is quoted below; the gist is that the two are undertaking a joint effort to create a diagnostic test… Continue Reading

Cancer Cures and Tort Law – Where Is Science and Where Is It Going ?

Posted in Global Tort Litigation, Medical Monitoring, Science

Today, more on science, cancer and law. Why do I think these topics are worth writing about for tort lawyers and perhaps some policy-makers around the world? Because science brings us a fast arriving future, as is detailed below. And, if the US actually achieves health care reform and more sophisticated rules at the FDA,… Continue Reading