ABSTRACT
Biomarkers have the potential to fill critical evidentiary gaps that currently plague many types of litigation. This chapter explores the potential uses of toxicological biomarkers in toxic tort and forensic litigation, and the scientific, legal, policy, and ethical challenges presented by these biomarker applications. It discusses potential applications of biomarkers, drawing where available on existing precedents involving the use of toxicological biomarkers, or cases which provide a relevant analogy for the use of such biomarkers. The chapter addresses a series of issues relevant to the use of biomarkers in the litigation context, including the admissibility of biomarker evidence under the new legal standards for scientific evidence, as well as other practical and normative issues that will be presented by the use of biomarkers in litigation. A biomarker should be adequately validated before it is used in litigation. Validation involves demonstrating the specificity, sensitivity, and reproducibility of the biomarker response.
