Genomic Data in Toxic Tort Litigation

Abstract

Genomic data have the potential to transform the doctrine and practice of toxic tort litigation. This article discusses potential applications of two types of data in toxic tort litigation: (i) genetic variations in susceptibility to toxic exposures; and (ii) genetic biomarkers of exposure and early toxicological effects. Several different applications of these types of genetic data are likely for proving or disproving exposure, causation, and damages, some of which have already been attempted by toxic tort litigants. Most potential applications of genomic data will fit into existing tort doctrinal templates, but will raise new evidentiary, policy and ethical issues.

Keywords: Genomics, Toxic Torts, Biomarkers, Ethics

JEL Classification: I18, K13, K32