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Record W1984964656 · doi:10.7202/1026129ar

Epidemiological Uncertainty, Causation, and Drug Product Liability

2014· article· en· W1984964656 on OpenAlexvenueaboutno aff
Richard Goldberg

Bibliographic record

VenueMcGill Law Journal · 2014
Typearticle
Languageen
FieldHealth Professions
TopicMedical Malpractice and Liability Issues
Canadian institutionsnot available
Fundersnot available
KeywordsCausationPlaintiffProduct liabilityEpidemiologyActuarial scienceLiabilityContext (archaeology)EconomicsLawMedicinePolitical sciencePathologyGeography

Abstract

fetched live from OpenAlex

Epidemiological evidence is regularly presented to courts in determining proof of causation in medicinal product liability litigation. Building on the foundations of the author’s previous monograph, which supported the use of epidemiological evidence in dealing with problems of proof of causation in alleged cases of adverse drug reactions, this paper revisits this perennial problem of the role of epidemiological evidence in assessing causation in product liability cases in a twenty-first century context, examining recent cases in the United Kingdom, United States, Australia, and Canada. It seeks to determine the extent to which the courts in the highlighted cases have been pragmatic and fair in their interpretation and utilization of epidemiological evidence, from the perspective of both consumers and pharmaceutical manufacturers. The paper examines the apparent tension between the levels of proof required in law and science, including the relationship between levels of statistical significance and the claimant’s burden of proof; and it assesses the wisdom of using a doubling of the risk rule as a threshold to any recovery. It explores the ways in which probabilistic methods, including statistical refining with individual risk factors, can be used in conjunction with epidemiological evidence to determine specific causation. The paper supports the view that logistic regression techniques and other forms of statistical refining mechanisms using specific risk factors can and do help in the process of giving quantitative or quasi-quantitative expression to conclusions about the cause of disease in an individual drug product liability claim that is based on epidemiological evidence.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.062
metaresearch head score (Gemma)0.160
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.062
Threshold uncertainty score0.328

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0620.160
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0050.003
Science and technology studies0.0090.046
Scholarly communication0.0100.015
Open science0.0030.008
Research integrity0.0180.012
Insufficient payload (model declined to judge)0.0040.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.079
GPT teacher head0.420
Teacher spread0.341 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations38
Published2014
Admission routes2
Has abstractyes

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