DES: Class Action Suit Vs. Common-In-All Lawsuit

21 Sep

Many people have been asking for an explanation about Daubert and the DES breast cancer cases on trial right now in Boston. Below is an explanation:

It’s not a class action concept but common in all lawsuit. This link may help explain things from Aaron Levine’s website: http://www.aaronlevinelaw.com/blog/2011/06/am-i-going-to-be-in-a-class-action-lawsuit.shtml

Basically, think of this as a mini-MDL. It’s not a class action. It’s one law firm with many individual cases, trying to get a resolution on the causation question for the sake of expediting the process for all the plaintiffs’ because this issue is common to all of them.

Daubert has to do with whether or not one can prove proper scientific methodology was used for an expert to arrive at their conclusions.

A key concept is that in Daubert, it is the admissibility rather than the weight of the evidence that is addressed. Whether or not DES causes breast cancer is a question for the jury, and not the judge, to decide. The judge’s role is a gatekeeper in ensuring that relevant and reliable information derived from proper methodology reaches the jury, but the standard is a liberal one.

That’s Daubert in a nutshell.

Lastly, check out the first coverage outside the DES community by Diana Bianchini HERE. Be sure to leave a comment under the CNN iReport and show your support.

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One Response to “DES: Class Action Suit Vs. Common-In-All Lawsuit”

  1. linda d.manning February 15, 2012 at 12:11 pm #

    my mother was given the drug in 1950’s ot prevent miscarraige’s,i developed a prolasped uteris,etopic pergancy;laterhaving a hysterictomy,she with breast cancer,and hyst etc.would like to know more on filing a claim.

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