Addressing Radioactive Toxic Tort Claims And Planning For The Next Frontier

Everyone in the world is exposed to some ionizing radiation every year. The effects of this exposure can vary substantially based on a number of factors, including among other things, the dose absorbed, the period of exposure, the type of radiation, and genetics. Additionally, many of the identified long-term health effects of radiation exposure can result from other causes, on their own or in combination, making it difficult to establish that any radiation exposure caused a particular injury. Therefore, in radiation exposure cases, it is important to focus on other risk factors the plaintiff may have for the same injury. Further, as proving causation may be difficult in radiation exposure cases, plaintiffs may rely on medical monitoring theories more to circumvent the proof challenges in establishing causation.