In Defending Lead-Containing Toy Lawsuits, Ryan L. Nilson and Michael R. Carey explore ways to challenge plaintiffs’ lead poisoning expert witnesses in lead toy exposure litigation. They write:
An injured child epitomizes the sympathetic plaintiff. Not surprisingly, therefore, children injured by toys containing lead have captured the attention of the plaintiff’s bar. Proving – or disproving – exposure, causation, and damages in lead poisoning cases, however, is not child’s play…
Lead is everywhere in our environment. Its most prevalent source is leaded-fuel exhaust that, for decades, has accumulated in the soil and entered our bodies as dust. Exposure also occurs in residential homes when lead paint peels and flakes off walls and children ingest the chips or when drrinking water becomes contaminated by lead piping and solder used in home plumbing.
Because lead is so prevalent in the environment, nearly everyone has a meassureable blood-lead level (BLL)….For centuries, lead exposure has been associated with negative health effects, including irreversible neurological damage, renal disease, cardiovascular effects, and reproductive toxicity.
More to follow including, Evidence of Exposures is Not Proof of Causation
Excerpted from Defending Lead-Containing Toy Lawsuits Ryan L. Nilson and Michael R. Carey, For the Defense, February 2008.