But It's Peer Reviewed! That Counts for Something, Doesn't It?

The acquisition of science, knowledge, is an accretive process. Thus Isaac Newton saw further only because he stood on the shoulders of giants. So how much of that modern peer reviewed science winds up being stood upon by those able to peer a bit further? Less than half and likely a lot less than half.

If you have any doubt read "We Must Stop the Avalanche of Low-Quality Research" at The Chronicle of Higher Education. Don't stop there though. Be sure to read "All Those Worthless Papers" too. And what about those impact factors; don't they count? Yes, but not towards reaching the goal of truth. See: "Lost in Publication: How Measurement Harms Science".

There are so many peer reviewed journals around nowadays that almost anything can be published and then be claimed to have been peer reviewed. So how do will we deal with the crush of junk science being published in peer reviewed journals? At this point I don't think anyone knows.

 

 

 

Tags:

Trichloroethylene Stars in That 70s Show

Remember the Ames test ? Test a substance and if it causes mutations then it ought to be a carcinogen, right? After all, isn't cancer the result of a mutation that causes a cell and its descendants to grow out of control? That was the thinking anyway. Unfortunately (or fortunately) lots of things that cause mutations don't cause cancer and as a result the Ames test sparked more than a few bogus health scares and plenty of baseless tort cases.

Now, in a flashback to the days of starting with an unproven premise about the origin of cancer and stacking inference upon inference upon inference until mass litigation over an industrial chemical emerges and metastasizes, molecular epidemiology gives us an association between trichloroethylene (TCE) and non-Hodgkin lymphoma (NHL). See: "Occupational Exposure to Trichloroethylene is Associated with a Decline in Lymphocyte Subsets and Soluble CD27 and CD30 Markers". 

So what of this association between TCE and NHL? Have workers with long occupational TCE exposures gotten NHL at a high rate? No. Has there been however a small but consistent increase in NHL among TCE workers? No. So the causal claim fails the two big prongs, strength and consistency of the association, of every causal inference test. End of story, right? Not anymore.

Cancer epidemiology had a great run. Uncovering the epidemics of cancer in chimney sweeps, smokers and many others were profoundly important discoveries. Yet a decade ago many were wondering if it was time to call it a day for epidemiology. The strong and consistent causes had already been rooted out while subtler causal associations like that of H. pylori and peptic ulcer disease were being missed and non-existent associations between electricity, peanut butter, etc and cancer were repeatedly being discovered one week only to be refuted the next.

But if the tools work why not apply them to the new and fertile ground of molecular biology? In other words, why not look for strong and consistent associations between molecules as a way to uncover the links in the causal chain from genotype to phenotype? It was a great idea but nature failed to cooperate.

First, the reductionist approach to genetics ran into trouble when it became clear that a gene doesn't do the equivalent of say executing schematics for an alternator but rather is part of a larger algorithm dedicated to finding a way to convert available mechanical energy into electrical energy. Second, it became apparent that within largely known biochemical pathways there were often so many other factors influencing outcomes that meaningful p-values might often end up having something like "x 10-6" appended to them - in other words you might want to consider rejecting the null hypothesis only if the odds of the results observed being due to chance alone fall below one in a million.

Sadly none of that will stop some from arguing that TCE causes NHL and citing the new paper referenced above. Read it through and here's what you'll learn: Eighty workers were exposed to TCE. None got sick. However, they had lowered levels of lymphocytes, some of which lymphocytes have something to do with some of the cells involved in the immune response. Meanwhile some other people with some unstated change in their immune response are sometimes at a somewhat increased risk for NHL. Therefore it's somewhat more biologically plausible that TCE is possibly a cause of NHL.

I kid you not. Nevertheless you can bet that this paper will be cited in courtrooms and the Federal Register for the proposition that TCE causes cancer just as the Ames test was cited for the proposition that coffee causes cancer.

Texas Supreme Court Delivers Some Good News to Texas Trial Lawyers

The Texas Supreme Court has just decided an appeal we discussed last year in "Dyspepsia Time for Texas Trial Lawyers?" The court in Thomas O. Bennett, Jr. and James B. Bonham Corporation v. Randy Reynolds upheld punitive damages against the individual as well as against the corporate defendant holding that when a vice principal uses corporate authority over corporate employees on corporate land to commit a tort with corporate equipment it makes the corporation liable for punitive as well as actual damages. The court did, however, remand the case to the court of appeals for remittitur with instructions that it limit punitives to within, and likely somewhat below given that the wrong did not involve death or severe bodily harm, the "absolute constitutional limit [of 4:1 ]" (citing Gullo Motors).

Those doing asbestos litigation are likely to hear a lot about the court's "reprehensibility analysis" that led it to conclude that punitive damages were warranted - specifically this sentence: "We have previously held that certain cover-up efforts can show reprehensibility, as when a manufacturer of asbestos-containing products continues selling what it knows is dangerous."

The opinion concluded this quintessentially Texas case as follows: "We agree with the court of appeals that 'Texans know better than to steal cattle, an offense once redressed beneath a tree rather than inside a courtroom. That said, the 47:1 and 188:1 ratios here exceed the outermost limit permitted by due process. We thus remand to the court of appeals to reconsider exemplary damages in line with this opinion and prevailing ratio analysis.'"

Analysis of Bennett v. Reynolds

Continue Reading...
Tags:

Stay Skeptical

If an article is peer reviewed, published in a decent journal and available for free from the National Institutes of Health you'd think there's a pretty good chance that the headline numbers recounted in it would be fairly accurate, right? Well then if you've read "A Brief Review of Silicosis in the United States", you'd likely believe that 94% of all death certificates in the United States listed silicosis as the underlying or contributing cause. On the other hand, you could stay skeptical and check the data at the U.S. Census Bureau.

It's always enlightening to go from advocacy site to advocacy site and to add up the number of bodies claimed by each and then compare the total to the actual number of recorded deaths. The cumulative total always significantly exceeds the actual number revealing that the activists are simultaneously fighting over corpses and overestimating the number of victims. Even so, the claim in this new silicosis paper that from 1966 to 2002 seventy-four million of a total of seventy-eight million U.S. deaths were due to silicosis has to take the cake.

Tags:

California Declares Whooping Cough Epidemic

The California Department of Public Health (CDPH) is warning that the rate of pertussis (whooping cough) infection may be the worst in half a century. Five infants have died so far this year and 910 cases have been reported. The CDPH is urging parents to have their children immunized as soon as possible and reiterates that the vaccine "is safe for children and adults".

ABCNews is further reporting that while immunization rates in California are good overall the number of parents refusing to have their children immunized in some schools rises to 20% or more and in a few schools refusal rates exceed 70%.

Junk science like that peddled by activists who claim the DPT (P is for pertussis) vaccine causes autism isn't just a good way to wring money from companies, it's a killer.

Tags:

Which Came First, the Mutation or the Cancer?

The current paradigm, some 40 or 50 years old now, would say it was the mutation. As the first plaintiff's expert witness I ever cross examined at the courthouse said of the chemical in question "it messes with your DNA and if your DNA is messed up anything, especially cancer, can happen". By the way, for the younger set, before Daubert and Robinson/Havner that's what all too often passed for "science" in the courtroom.

Yet in the new Million Women Study of breast cancer, mutations associated with higher risk and environmental insults associated with higher risk seem to have no relation with one another such that hormone replacement therapy doesn't increase the risk of breast cancer even in women with genes predisposing them to estrogen-receptor positive disease. How can that be?

Well, here's some food for thought. Where do we come from? Bacteria, way back when. How do bacteria talk to each other? Quorum sensing (by the way, don't you wish all your teachers had been like Bonnie Bassler?) So if our stem cells want to monitor how many undifferentiated cells they need to be making and if those cells want to monitor their path to differentiation might they not do it via the same signaling pathways that their ancestors employed? If that's the case then could it be that a disruption in signaling causes runaway production of immature cells (cancer) and that the mutations only occur later? There's more than a scintilla of evidence for it.

What recruits bone marrow cells to the gut where their signaling is disrupted? Is it significant that many of the benzene workers thought to have developed leukemia as a result of exposure lived not only in the same building but were roommates? Is the parallel between the fall in cancer mortality and the rise of antibiotic use suggestive? It's something to think about anyway.

NHL is Not Associated With Exposure to Gasoline

Twenty one of twenty two studies in the English literature that have examined the risk of non-Hodgkin lymphoma (NHL) among petroleum workers exposed regularly to gasoline have found no association between the two. The overall relative risk across all such studies has been estimated to be just 1.02. See: "Occupational Exposure to Gasoline and the Risk of non-Hodgkin Lymphoma: A Review and Meta-Analysis of the Literature".

What Percentage of Mesothelioma Cases Are Due to Asbestos?

In Japan it's 79.2%.

EPA Reanalyzing Dioxin Toxicity

On June 14, USEPA gave notice of a July 9, 2010 "listening session" related to its external review draft document entitled "EPA's Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments." The draft document includes new analyses on potential human effects from exposure to 2, 3, 7, 8 tetrachlorodibenzo-p-dioxin (TCDD). The draft document was also provided to EPA's Science Advisory Board for peer review.

A Little Perspective on the Macondo Well (Deepwater/BP) Oil Spill

While hanging out at the condo pool with the kids during my recent Destin vacation someone pointed out at the Gulf and said woefully "Look. I think the oil is coming in". It was seaweed. The next day there was a stir down on the beach when what appeared to be a piece of charred wood washed up. Some guy on a 4-wheeler rode up, proclaimed it a piece of charred wood, and tossed it into a nearby trash can. Onlookers seemed more disappointed than relieved.

On the way back to Texas we stopped in Louisiana and talked to, among others, an acquaintance who runs a vacuum truck service. Business is good as his trucks and drivers are under contract 24/7. The only bad thing, he said, is that the work is boring as there's been little to vacuum up; less than a gallon. On the other hand, the media livened things up from time to time by shouting things like "Where are you hiding the oil?" and "Who ordered you not to talk to us?" at his workers.

So where's all the oil? More than 100 million gallons have bubbled up according to the higher estimates. That's a lot, right? It is, of course. But according to an AP report, It wouldn't fill the Superdome. And that's not subtracting the oil that has been burned, dispersed and eaten by microbes.

The point of this post is not to minimize the spill or its impact but rather to explain why oil isn't all over the coast. It's a big Gulf (6,000 trillion gallons of water) and a long coast (over 1,600 miles long - just along the U.S. portion).

Tags:

What Are The Risk Factors For Lung Cancer Among Those Who Never Smoked?

It doesn't appear to be second hand smoke; at least not from a brand new study of lung cancer cases in Toronto. On the other hand, having a family member diagnosed with lung cancer before age 50 significantly increased risk. So did a prior history of chronic lung disease. Similarly, occupational exposure to solvents, paints, thinners, soot, wood dust, grain dust and welding more than doubled the risk of lung cancer among non-smokers. Read all about it (for free) in "Lung Cancer Risk in Never-Smokers: A Population-Based Case-Control Study of Epidemiologic Risk Factors".

More Fuel for the Glargine Insulin Fire

A year ago a large European study implicated high doses of glargine insulin in certain cancers in diabetics. At the time endocrinologists urged causation in interpreting the results and advisory boards urged patients and physicians not to change their insulin regimens until further studies were completed. Now the results of those studies are starting to be published.

In "Doses of Insulin and its Analogues and Cancer Occurrence in Insulin-Treated Type 2 Diabetic Patients" the authors report the results of a nested case-control study of insulin-dependent diabetics. A five fold increase in cancer was found among those taking high doses of glargine. No such increase in risk was found among those diabetics taking other forms of insulin.

BP To Establish $20 Billion Fund For Spill Claims

The LATimes is reporting that a 9-11 style fund will be established by BP and administered by Kenneth Feinberg to compensate those suffering losses as a result of the Macondo well spill.

Mass tort litigation may never be the same. Plaintiff firm business models will need to change to accommodate these "BOOM! Done" resolutions of mass claims. In the past the folks who got rich were those who commanded "magic" venues and those who could try cases. Now it looks like those who can round up the most plaintiffs stand to make the most. It makes you wonder how much Google will be getting for pay-per-click ads generated by the words "oil spill."

Tags:

Vitamin D Deficiency and Multiple Sclerosis (MS): Who Pays?

In "The Lancet: Neurology" you'll find "Vitamin D and Multiple Sclerosis"  as well as "Vitamin D: Hope on the Horizon for MS Prevention?" Could it be that  the old mocked wisdom of "a healthy dose of sunshine" wasn't so silly after all? Could it be that the health panic precipitated by activists who demanded everyone stay out of the sun actually caused horrific and needless suffering? Could be.

I just got back from a vacation in Destin, Florida. While there I learned that there are people who cover every exposed surface of their kids with zinc oxide before letting them out in the sun. These parents think they're doing the right thing. Their kids seemed about as happy as I'd have been sent out into the world in a powder blue leisure suit. But while powder blue leisure suits don't cause rickets and MS, vitamin D deficiency does. When disease strikes will there be a viable cause of action against the scaremongers who caused it? It's an interesting question.

To Inform; But of What?

According to The New York Times, San Francisco has just passed a law requiring retailers to post readily visible information about the specific absorption rate (SAR) of the cell phones they're selling. This despite the fact that there's not only no credible evidence that cell phones pose a health risk but also that there's absolutely zero evidence that dose (here SAR) has anything to do with the anxiety-producing phantom menace.

People have been given a meaningless yardstick by which to judge their cellular purchase. Expect the unscrupulous to make $$$ selling overpriced "low SAR" phones to their usual prey - people struggling with decision-making under conditions of uncertainty, buffeted by the hyperbolic claims of activists.

Tags:

Why Would Mining Protect Men From Prostate Cancer?

Nobody knows why but miners tend to be at a much lower risk of prostate cancer. In "Could Mining Be Protective Against Prostate Cancer? A Study and Literature Review" researchers from Australia document a huge decrease in this most common of all cancers afflicting men. Before anyone hauls out the "healthy worker effect" note that the risk of prostate cancer in these miners, only 35% that of non-miners, is much lower than would be predicted even from those studies in which a significantly decreased risk has been attributed to the effect.

Poultry Workers at Increased Risk of Certain Cancers

Workers exposed to chicken viruses at slaughtering and processing facilities were at increased risk of dying from cancers of the pharynx, lung, pancreas and brain as well as from hematopoietic malignancies. See: "Cancer Mortality in Poultry Slaughtering/Processing Plant Workers Belonging to a Union Pension Fund".

Chronic Chlamydia Pneumoniae Infection and Lung Cancer

Smoking, asbestos, silica, hexavalent chromium, nickel and radon have all been blamed for cases of lung cancer. Now there's a new paper from the National Cancer Institute implicating C. pneumoniae: "Chlamydia pneumoniae Infection and Risk for Lung Cancer". Be sure to note the significance of the finding that it's the marker of chronic infection with which a significantly increased risk of lung cancer is associated.

No Take Home Asbestos Liability For Premises Owners In Ohio

“He whose stuff it is must keep it that it may not trespass.” So said Sir John Holt, Lord Chief Justice of England and Wales, in the case of Tenant v. Goldwin in 1704. (1704) 2 Lord Raymond’s Reports (Ld Raym) 1089, 1 Salkeld’s King’s Bench Report 21, 360. Chief Justice Holt was addressing the escape of “filth” from one property into another, and the cause of action for the damages caused by the “filth.” There is some dispute whether the cause of action sounded in trespass (Salkeld) or in private nuisance (Raymond). However, most scholars agree that the modern concept of strict liability traces its origins to Chief Justice Holt’s decision.

Yesterday, the Supreme Court of Ohio in effect resoundingly rejected the principal in Tenant v. Goldwin. In a 5-1 decision, the Court in Boley v. Goodyear Tire and Rubber Co. upheld and applied ORC 2307.941(A)(1), a “tort reform” provision enacted by the General Assembly in 2005. The court found that the statute bars tort claims based on “take home” exposure from a workplace where the exposure takes place away from the property owner’s premises. The statute does not address liability of products liability defendants for take home exposures. In her concurring opinion, Justice O’Connor noted that a different provision in the 2005 asbestos litigation reform bill, R.C. 2307.92(D)(2), provides a legal basis for asserting wrongful death claims against defendants other than the premises owner for take-home exposure of family members to occupational asbestos. The Supreme Court of Ohio’s announcement of the decision, written opinion, and a video of the oral argument before the Court can all be found here.

Sadly, it does not appear that the Court or the parties in Boley were concerned with the effect of the statute on Chief Justice Holt’s tort law legacy.

Navy's Fault Must be Assessed in California Asbestos Suits

In Collins v. Plant Insulation, a California appeals court has determined that under California law, a jury must determine the Navy’s fault in an asbestos wrongful death suit in order to determine the defendant’s percentage of fault. This holds even though the Navy is immune from suit and the plaintiff cannot recover from it.

Under California’s Proposition 51, the jury must determine each defendant’s responsibility in direct proportion to that defendant’s percentage of fault. The Court held that it was impossible for the jury to determine the defendants’ proportion of fault without considering the fault of the Navy, the premises where the plaintiff worked for a number of years.

This brings California law in line with that of Texas, where the jury must determine the fault of all potentially responsible parties, whether or not they are solvent or before the court. This is designed to keep those with deep pockets and small liability percentages from paying the whole of Plaintiff’s damages.

Uninformed or Misinformed, Misperceptions are Hard to Correct

This (free) article “When Corrections Fail: The Persistence of Political Misperceptions” demonstrates that corrections frequently fail to reduce misperceptions among targeted ideological groups and in some instances corrections actually strengthen misperceptions among the most strongly committed subjects.

All the individuals in your pool of jurors will have beliefs they hold dear to them when they enter the courtroom. Since it appears many people are unwilling to revise their beliefs in the face of corrective information, and attempts to correct those mistaken beliefs may only make matters worse, your job is to uncover those hidden beliefs and determine the best way to present your case facts to correct any misperceptions.

USEPA Issues its Draft Toxicological Review of Formaldehyde

On June 2, 2010, USEPA announced a 90-day public comment period for its "Toxicological Review of Formaldehyde Inhalation Assessment: In Support of Summary Information on the Integrated Risk Information System." EPA's Integrated Risk Information System is a human health assessment program that evaluates quantitative and qualitative risk information on effects from chemical exposures. EPA's notice seeks pre-dissemination peer review. A copy of the notice can be seen here.