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C MICHAEL D. COLEMAN
O
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expert Report Writing E
M
A
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in toxicology
expert
forensic, scientific & legal aspects
e Report Writing
x
MICHAEL D. COLEMAN p
e
Aston University, Birmingham r
t in toxicology
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e
Every year throughout the world, individuals’ health is damaged by their exposure to toxic chemicals p
at work. In most cases, these problems will resolve, but many will sustain permanent damage. o
Whilst any justified claim for compensation requires medical and legal evidence, a crucial and r
t
often controversial component of this process is the establishment of a causal link between the forensic, scientific & legal aspects
individual’s condition and exposure to a specific chemical or substance. Causation, in terms of how a W
substance or substances led the claimant to his or her current plight, can be difficult to establish, and
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the main purpose of this book is to provide the aspiring expert report writer with a concise, practical i
t
guide that uses case histories to illuminate the process of establishing causation in occupational i
n
toxicity proceedings.
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i
• A practical, accessible guide to the preparation of balanced, scientifically sound expert n
reports in the context of occupational toxicology. t
o
• Focuses on the scientist’s role in establishing a causal link between exposure to toxins
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and an individual’s ill health.
i
c
• Includes real-life case histories drawn from the author’s 15 years of experience in this
o
area to illustrate the principles involved.
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o
g
This book will prove invaluable to scientists across a range of disciplines who need guidance as to
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what is expected of them in terms of the best use of their expertise and how to present their findings
in a manner that is authoritative, balanced and informative.
www.wiley.com/wiley-blackwell
Expert Report Writing
in Toxicology
Expert Report Writing
in Toxicology
Forensic, Scientific and Legal Aspects
Michael D. Coleman
Aston University, Birmingham, UK
This edition first published 2014 © 2014 by John Wiley & Sons, Ltd
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All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
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Library of Congress Cataloging-in-Publication Data
Coleman, Michael D., author.
Expert report writing in toxicology: forensic, scientific, and legal aspects / Michael D. Coleman.
p. ; cm.
Includes index.
ISBN 978-1-118-43237-2 (cloth) – ISBN 978-1-118-43214-3 (pbk.)
I. Title.
[DNLM: 1. Forensic Toxicology. 2. Expert Testimony. 3. Manufactured Materials–toxicity.
4. Occupational Exposure–adverse effects. 5. Pesticides–toxicity. 6. Writing. W 750]
RA1228
614′.13–dc23
2013046819
A catalogue record for this book is available from the British Library.
Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not
be available in electronic books.
Set in 10.5/12.5pt Times by SPi Publisher Services, Pondicherry, India
1 2014
This book is dedicated to Walter Drozd and Brian Odell
Contents
Preface xi
1 A brief history of occupational toxicology 1
1.1 Occupational toxin exposure in antiquity 1
1.2 The Middle Ages and the Renaissance: The beginnings of modern
occupational toxicology 2
1.3 The Industrial Revolution 5
1.4 Petrochemicals: The beginnings 6
1.5 Petrochemicals and mass production 7
1.6 Aromatic amines: Tyres, dyes, explosives and cigarettes 9
1.7 Contemporaneous knowledge 11
1.8 The pursuit of truth 12
1.9 The ‘Mad Hatter’ 13
1.10 The ‘Radium Girls’ 15
1.11 Asbestos 16
1.12 Occupational toxicity: Medicine and science 18
1.13 Health and safety today 20
References 20
2 The expert report process in legal context 23
2.1 The would-be claimant’s initial position 23
2.2 Industrial injuries disablement benefit 24
2.3 The legal process: First steps 25
2.4 Legal advice: Who pays? 26
2.5 Claim progression and possible outcomes 27
2.6 Pre-action protocols 28
2.7 Case initiation: Legal steps 29
2.8 Expert reports: Medical 30
2.9 Causality: The scientific report 31
2.10 Recruiting the scientific expert 32
2.11 Expectations of the expert: The court 33
2.12 Expectations of the expert: The solicitor/expert relationship 34
2.13 The expert report: The contract 36
2.14 Compiling the report 37
2.15 The toxin or toxins 38
2.16 Toxin entry 39
2.17 Toxin chemical nature 41
2.18 Exacerbating factors in toxin absorption 42
2.19 Causation: Mechanisms 42
2.20 Contemporaneous knowledge 44
viii ContentS
2.21 The initial draft 46
2.22 Silence in court 46
2.23 Report writing in the real world 48
References 50
3 Acute toxicity: Case histories of solvent exposure 53
3.1 Introduction 53
3.2 Solvents in adhesives 54
3.3 Solvent toxicity 55
3.4 The real-world confusion of symptoms 57
3.5 Case histories: General format 58
3.6 Case history 1: Mr A and volatile petroleum mixture exposure 58
3.7 Case history 2: Mr B and dichloromethane exposure 66
3.8 Mr B and dichloromethane: Further developments 72
3.9 Case history 3: Mr C and chronic solvent exposure and behaviour 74
3.10 Summary of chronic solvent toxicity and behaviour 79
References 80
4 Chronic and permanent injury: Bladder cancer and occupation 83
4.1 Bladder cancer 83
4.2 The patient’s perspective 84
4.3 Bladder cancer: Causes and risks 85
4.4 Bladder cancer and occupation: Industrial injury benefit claims 87
4.5 Case history 1: Mr D 87
4.6 Case history 2: Mr E 90
4.7 Case history 3: Mr F 91
4.8 Case history 4: Mrs G 92
4.9 Bladder cancer and occupation: Legal claims for compensation 93
4.10 Mr H: bladder cancer and the car industry 93
4.11 Mr J: Bladder cancer; crankcase oils and diesel 109
4.12 Summary 119
References 119
5 Chronic and acute toxicity of herbicides and pesticides 123
5.1 Introduction 123
5.2 Herbicide/pesticide toxicity evaluation 124
5.3 Herbicides: Toxicity 124
5.4 Case history 1: Mr K and Roundup© 126
5.5 Pesticide action: The nervous system 135
5.6 Animal and insects nervous system commonality 138
5.7 Major insecticide groups – ion pump disruptors 139
5.8 AChE inhibitors 139
5.9 Other major pesticides 140
5.10 Case histories 141
5.11 Case history 2: Mrs L and fipronil toxicity 141
5.12 Case histories: OPs 148
5.13 Case history 3: Mr M 149
5.14 Case history 4: Mr N 160
References 172
