I’ve written about this many times before – courts do not get to decide what is good or bad science. Although courts and science may not necessarily be incompatible, attorneys, juries, and judges are generally not trained in scientific research, scientific methods, scientific publications, and/or scientific reasoning.
Two relatively recent cases are strong evidence that courts and science can be quite incompatible. In the first case, a jury ordered pharmaceutical giant Johnson and Johnson (JNJ) to pay US$4.69 billion in damages to 22 women who claimed that the company’s talcum powder products caused ovarian cancer. In the second case, a jury ordered chemical manufacturer Monsanto to pay US$289 million to a janitor who claimed that Round-Up (glyphosate) caused his terminal cancer.
The problem with both of these cases is that there is, at best, some weak, unrepeated scientific evidence that supports their claims. However, if you refrain from cherry-picking articles on PubMed, you’ll find that the vast majority of research either doesn’t support their claims or even shows that there are no links between talc or glyphosate and cancer.
Let’s take a look at the science in both of these cases, and then, let’s find out why courts and science are not necessarily compatible. And remember, this isn’t a recent problem – an American court once rejected evolution during the infamous Scopes Monkey Trial. So science has been skeptical of the involvement of courts and science for a very long time. Continue reading “Courts and science – talc and glyphosate probably do not cause cancer”