Causation

Causation in Mass Torts

With the exception of mass disasters like airplane crashes, determining causation in a mass tort involves toxicology, epidemiology, and similar topics that require an understanding of complicated scientific and statistical matters. These issues form the core of general causation analysis and inform not only the admissibility of expert opinions but also the viability of a mass tort for particular injuries or even the entire litigation.

Even when general causation is established—does thisproduct cause this type of injury—the question of specific causation will remain for each plaintiff—did thisproduct injure this person.

Since we can never answer the specific causation question with absolute certainty, here again we see an instance of the “mass effect” of mass torts.