Resolving Malpractice Disputes: Imaging the Jury’s Shadow

The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling

Assessing Causation in Breast Implant Litigation: The Role of Science Panels

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings

Scientific Ignorance and Reliable Patterns of Evidence in Toxic Tort Causation: Is There a Need for Liability Reform?

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules

Rationalizing Noneconomic Damages: A Health-Utilities Approach

Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed