How is causation established for personal injury claims related to exposure to environmental contaminants?

The plaintiff must meet the standards under the Havner case which requires:

  • Evidence of a doubling of the risk through epidemiological studies; and
  • The plaintiff is similar to the subjects in those studies.  

Proof is required that the plaintiff was exposed to the same substance as in the studies, that the plaintiff’s exposure or dose level was comparable to or greater than those in the studies, that the plaintiff’s exposure occurred before the onset of injury, and that the timing of the onset of the plaintiff’s injury was consistent with that experience by those in the study.  

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