I have heard that causation can be a difficult issue in defective medical implant, device and drug cases. Why?
To prove causation in a legal case, you must prove not only that the product was negligently designed, manufactured or prescribed, but also that it caused your injury, i.e., that it was a substantial factor in your injury. This will be a very complicated and hotly contested issue in drug and implant cases. The breast implant cases are a good example of this phenomenon. The implant manufacturers claim that although the implants they manufactured were defective, the defects did not cause any significant injuries while plaintiffs claim that their lives have been destroyed by the defective implants. The only way that plaintiffs are going to prevail on causation is if there is scientific evidence that the drug or implant causes the disease from which the plaintiff suffers.
