Hawai'i High Court Makes a Bunch of Blunders in Setting Causation Standard

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing Patrickson v. Dow Chemical Co., a Supreme Court of Hawai'i decision addressing what plaintiffs must prove to establish causation in toxic tort cases. Eric examines the court's treatment of exposure, general causation and specific causation, focusing on why evidence of the amount and duration of exposure should align with the scientific evidence supporting causation. He argues that although the court recognized the need for reliable causation evidence, its application of those principles created an unclear standard for determining whether the evidence sufficiently connects a plaintiff's alleged exposure to the claimed injury. Eric emphasizes establishing that connection is essential to a reliable causation analysis.

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