Chapter 9: Understanding And Identifying Alternative Sources
.jpg)
Return to Defending Claims.
Although, in some cases, a governmental investigation results in a probable link to a particular product, the reality is that the source of many illnesses remains uncertain. In the event no clear (or likely) link is established to your product, you should begin outlining other potential sources that may have caused plaintiff’s illness. This will usually require a thorough review of other meals consumed along with other environmental exposures. Did the plaintiff travel recently, did she eat at other restaurants or shop at other grocery stores, did she eat other foods, did she visit a beach or swimming pool, did she have exposure to animals or pets, did she have exposure sources in or near her home, and could her infection be secondary – i.e., caused by exposure to another person who carried the bacteria (whether symptomatic or not)?
Once other potential sources are identified, CDC records should also be analyzed thoroughly to determine whether any other, unrelated outbreaks, clusters or illnesses were reported in time or proximity to the plaintiff’s illness. Careful analysis of such records may disclose, for instance, that the plaintiff’s alleged illness is actually related to an outbreak or cluster which his or her attorney simply overlooked. If not, information gained from the pleadings, demands, media resources, medical records, health authorities and production and distribution records will nevertheless be critical to demonstrate to the plaintiff (and, potentially, to a judge and/or jury) that the plaintiff’s illness likely originated from something other than your client’s product.
Copyright 2009 by Shawn K. Stevens
