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.
Do you have questions? You can get our FREE ebook, Environmental Litigation: What Every Attorney and Environmental Professional Needs to Know, just by providing your name and email address at this link. We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 972-850-8490. I look forward to speaking with you.