1. John Davidson Jr John Davidson Jr United States says:

    Judge doesnt accept statistical studies as proof of LC causation!

    It was McTear V Imperial Tobacco. Here is the URL for both my summary and the Judge’s ‘opinion’ (aka ‘decision’):

    (2.14) Prof Sir Richard Doll, Mr Gareth Davies (CEO of ITL). Prof James Friend and Prof Gerad Hastings gave oral evidence at a meeting of the Health Committee in 2000. This event was brought up during the present action as putative evidence that
    ITL had admitted that smoking caused various diseases. Although this section is quite long and detailed, I think that we can miss it out. Essentially, for various reasons, Doll said that ITL admitted it, but Davies said that ITL had only agreed that smoking might cause diseases, but ITL did not know. ITL did not contest the public health messages.
    (2.62) ITL then had the chance to tell the Judge about what it did when the suspicion
    arose of a connection between lung cancer and smoking. Researchers had attempted
    to cause lung cancer in animals from tobacco smoke, without success. It was right,
    therefore, for ITL to ‘withhold judgement’ as to whether or not tobacco smoke caused
    lung cancer.

    [9.10] In any event, the pursuer has failed to prove individual causation.
    Epidemiology cannot be used to establish causation in any individual case, and the
    use of statistics applicable to the general population to determine the likelihood of
    causation in an individual is fallacious. Given that there are possible causes of lung
    cancer other than cigarette smoking, and given that lung cancer can occur in a nonsmoker,
    it is not possible to determine in any individual case whether but for an
    individual’s cigarette smoking he probably would not have contracted lung cancer
    (paras.[6.172] to [6.185]).
    [9.11] In any event there was no lack of reasonable care on the part of ITL at any
    point at which Mr McTear consumed their products, and the pursuer’s negligence
    case fails. There is no breach of a duty of care on the part of a manufacturer, if a
    consumer of the manufacturer’s product is harmed by the product, but the consumer
    knew of the product’s potential for causing harm prior to consumption of it. The
    individual is well enough served if he is given such information as a normally
    intelligent person would include in his assessment of how he wishes to conduct his
    life, thus putting him in the position of making an informed choice (paras.[7.167] to
    [7.181]).

The opinions expressed here are the views of the writer and do not necessarily reflect the views and opinions of News Medical.
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