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Toxcio's experts, on the other hand, believe that evidence is incomplete and that further, costly studies need to be implemented to show the connection.
It seems to me that (a) if the biophysicist is indeed as credentialed and qualified as said and (b) if her studies are as empirical as stated from peer-reviewed scientific journals, bearing reliable evidence, than the families do, indeed have a case. This is because even thoguh further research may need to be conducted (as per Toxico's scientists) to assess strength of the research, the evidence that exists at the moment seems to show an almost undisputed association between the children's cancer and the toxic emission. Even though they are "learned and well-credentialed biophysicists" and their assumptions will, accordingly, be listened to a court of law, a the end of the day, their failure to produce popular and solidly acceptable scientific evidence to support their assumptions will not allow Toxico to win the case. Since deductions and inferences are listened to but not accepted as conclusive evidence, it seems to me that the families have high prospects of winning their civil suit and criminal prosecution against Toxico in both New York and federal courts. This is particularly so since Toxcio violated federal and state requirements in inappropriately burying their toxic containers in the first case. I would advise the families to go ahead.
Secondly, the biophysicist also reinforces her case with other empirical evidence -- and empirical evidence is that which is required by the courts - of the significant statistical incidence of this rare cancer in the neighborhood. In both cases, her testimony lies on popularly accepted, empirical, and reliable scientific evidence and measures. These are the matrices requested by both state and federal court systems.
Sources
WILLIAM DAUBERT, et ux., etc., et al., PETITIONERS v. MERRELL DOW PHARMACEUTICALS, INC. 1993
The People of the State of New York, Respondent, v. George Wesley, Appellant, Court of Appeals of the State of…
Sources
WILLIAM DAUBERT, et ux., etc., et al., PETITIONERS v. MERRELL DOW PHARMACEUTICALS, INC. 1993
The People of the State of New York, Respondent, v. George Wesley, Appellant, Court of Appeals of the State of New York., 1994.
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