Deciphering the Toxic Tort Causation Problem: The Emerging Role of Genetic Susceptibility

This article provides an original analysis of the case law and literature concerning genetic markers of susceptibility in Australian and United States toxic injury litigation. It suggests that genetic evidence can alleviate the issue of causal uncertainty in toxic torts, but this evidence does not provide a complete picture. More traditional methods, such as toxicology, epidemiology, and analysis of plaintiff's medical records, will continue to play a significant role in illuminating toxic tort causation. The article maintains that we will only see a more complete picture of the plaintiff's disease causation after all relevant medical and scientific evidence have been considered as a whole. It calls for the creation of a new " reference guide" to aid litigants and lawyers in understanding the benefits and limitations of genetic evidence. It is argued that such guidance is needed to ensure consistency and fairness across judgments, and across jurisdictions.