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WELCOME
TO ATLANTIC LEGAL'S MOLD/SOUND SCIENCE WEBSITE
For the past several years, the United States has seen a staggering increase
in litigation involving health related claims allegedly due to the presence
of indoor mold, claimed by some to be the next toxic tort wave rivaling
the asbestos nightmare. The plaintiffs' bar, based on multi-million dollar
verdicts, proclaims "mold is gold" and as schools and other
public buildings undergo expensive remediation, the media's coverage is
riveting.
The
common issue in the burgeoning mold litigation is the admissibility of
expert testimony linking the presence of mold to the injury. As a noted
expert in the area has
observed, "I feel sick, there is mold; therefore, the mold made me
sick" makes no medical sense. Yet in countless cases throughout the
country, plaintiffs are asking courts and juries to award huge damages
on this theory of alleged causation. The application of reliable evidence
and the best scientific assessments to the central causation-in-fact issue
is critical and this has been the focus of Atlantic Legal's work representing distinguished
amici in other science-related cases (identified on the Atlantic Legal
website) and is the focus of Atlantic Legal's mold/sound science initiative.
Materials
collected here are aimed generally at ensuring that sound science, not
speculations masquerading as science, is applied in determining the admissibility
of expert testimony in cases involving interior mold health claims. Atlantic Legal
strives for scientific and medical objectivity. The focus is on issues
on which counsel must prevail if expert testimony is to be admitted.
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