Expert witnesses are integral to an effective toxic tort defense strategy. While these matters are driven by highly technical scientific data, the right expert witnesses can aid the defense by dismantling speculative claims, challenging unsupported assumptions, and building credibility with the fact-finder. Their ability to interpret complex scientific evidence and present sound, data-backed conclusions can bring clarity and authority to the defense, significantly shaping the outcome of the case.

Understanding the Role of an Expert Witness

An expert witness is a professional who possesses specialized knowledge, training, experience, and skills in a particular field. Unlike lay witnesses, who testify based on their observations, expert witnesses are qualified to interpret intricate subject matter and explain complex scientific issues to a jury.

Expert witnesses testify in the form of an opinion, based on reliable principles and methods. Under the Daubert standard applied by federal courts and many states, judges are the “gatekeepers” of scientific evidence. They assess whether an expert’s testimony is relevant and reliable by considering a number of factors, including peer review or publication, testability of the theory, known or potential error rate, and general acceptance in the scientific community. Jurisdictions that follow the Frye standard allow for the admissibility of an expert’s opinion if the scientific technique relied upon to form the opinion is “generally accepted” within the scientific community.

An expert’s role in a toxic tort defense is essential long before trial. Early consultation with an expert can allow defense counsel to evaluate exposure, assess litigation risk, and identify weaknesses in the plaintiff’s claim. Their insight can provide counsel with the scientific foundation necessary to develop a focused defense strategy and influence settlement decisions.

How an Expert Witness Can Strengthen a Company’s Defense

Because toxic tort cases revolve around complex scientific, technical, and medical issues, a robust defense generally requires a multidisciplinary team of experts. This can include toxicologists, epidemiologists, engineers, regulatory and compliance experts, and industrial hygienists. Defendants should also rely on medical professionals, such as oncologists, pulmonologists, and neurologists, who can analyze the plaintiff’s medical records and explain alternative causes for the medical condition. Each type of expert offers a distinct perspective and plays a unique role in building a scientifically sound defense.

Depending on their area of expertise, expert witnesses can help strengthen a company’s toxic tort defense in several critical ways:

• Disproving causation: Expert witnesses can expose flaws in the plaintiff’s scientific evidence, demonstrate lack of biological plausibility, and evaluate the length of time between the alleged exposure and illness to show lack of causation.
• Establishing alternative exposure: Medical experts can weaken a plaintiff’s case by offering alternative explanations for exposure, identifying pre-existing health conditions, or highlighting lifestyle and genetic factors.
• Demonstrating insufficient exposure: Industrial hygienists, chemists, and environmental engineers can show the plaintiff was not exposed to the substance or demonstrate that controls were in place to minimize the alleged exposure.
• Establishing safe exposure levels: Toxicologists and industrial hygienists can support the argument that the alleged dose was not sufficient to cause injury, in that it was below harmful thresholds or within regulatory limits.
• Showing compliance with safety standards: Regulatory compliance experts can show that a company followed the applicable guidelines and complied with industry safety standards to undermine the plaintiff’s claims of negligence.
• Simplifying dense scientific data: Expert witnesses can translate complicated and technical scientific findings for a jury, using plain language and visuals to help them understand the defense’s position.

While expert testimony must be objective, experts often interpret data differently or apply distinct methodologies. Accordingly, the plaintiff will likely bring their own expert witnesses to provide information that supports their claims. This can lead to a “battle of the experts,” where each expert refutes the other’s conclusions. In such scenarios, a jury would ultimately be left to determine which expert’s testimony is more credible.

Contact an Experienced Toxic Tort Attorney

For businesses facing toxic tort litigation, there is a lot at stake, and it is crucial to work with a legal team with the resources, skill, and experience to mount a comprehensive defense. Offering aggressive advocacy for businesses in toxic tort claims, Cosmich is committed to helping our clients safeguard their companies and protect their margins. With coast-to-coast offices, our attorneys are equipped to handle complex matters involving multiple claimants across jurisdictions. Contact us to schedule a consultation to learn more about our capabilities.