Comment on a review of probability of causation and its use in a compensation scheme for nuclear industry workers in the UK.
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Biomedical subjects
Publications and source records attributed to D E Jose.
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Scientists and regulators have successfully been able to control exposures to man-made ionizing radiation so that mankind has been able to enjoy its vast benefits without experiencing the significant harm which would occur from high doses. However, thousands of lawsuits have been filed claiming that low occupational levels of ionizing radiation have caused cancer and other illnesses. It will be decades before the legal system determines the rules of law which will apply to this new type of lawsuit and the effects which these cases will have upon those persons who work with sources of ionizing radiation. This article explores some of the issues which are expected to arise as these cases work their way through the courts.
Probability of causation (PC) is sometimes viewed as a great improvement by those persons who are not happy with the present rulings of courts in radiation cases. The author does not share that hope and expects that PC will not play a significant role in these issues for at least the next decade. If it is ever adopted in a legislative compensation scheme, it will be used in a way that is unlikely to please most scientists. Consequently, PC is a false hope for radiation scientists, and its best contribution may well lie in some of the spin-off effects, such as an influence on medical practice.
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Prompted by increasing litigation claiming cancer induction from exposure to radiation from nuclear weapons tests, the United States Congress enacted an amendment to the Orphan Drug Act (Public Law 97-414, January 4, 1983), through which the National Institutes of Health was directed to and did produce Probability of Causation (PC) Tables. This review defines PC and discusses the data, limitations, and uses of the concept.
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