This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.
Joseph Sanders & Julie Machal-Fulks,
The Admissibility of Differential Diagnosis Testimony to Prove Causation in Toxic Tort Cases: The Interplay of Adjective and Substantive Law,
64 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol64/iss4/6