New DNA Testing is Able to Confirm a Claimant’s Exposure to a Toxic Substance with 99.9% Accuracy.
Imagine being able to prove that a claimant has not been exposed to any toxic substance that your insured has manufactured, supplied or distributed. Such a test could significantly alter the civil litigation field of toxic torts. This is the claim of Dr. Bruce Gillis of The Cytokine Institute.
We all know that DNA testing has been accepted in criminal trials for years in order to prove the guilt or innocence of a defendant. However, DNA testing in criminal trials is based upon FBI standards, and relies upon only 13 DNA parameters.
Dr. Gillis’ test, called “msds1″, identifies how up to 36,000 parameters of an individual’s DNA are affected by a chemical. This genomics-based technology can now determine how human cells and their individual DNA respond when exposed to a chemical and its metabolites, thereby offering an impartial methodology for proving scientifically-based evidence. The test quantifies how the DNA in the nucleus of each cell directs the cell to respond to chemicals/toxins via its production of specific proteins, specifically, cytokines and chemokines. This produces a 99.9% certainty whether a person was harmfully exposed to a particular toxin.
Medical personnel are familiar with the damage caused by radiation and how it impacts the DNA in cells, leading to cellular changes, such as that those experienced at Chernobyl. Chemotherapy drugs also uniquely impact cellular DNA, leading to cellular responses. Moreover, the U.S. Food and Drug Administration has approved a number of cytokine related medications, such as those used for anti-rheumatoid arthritis. Therefore, the msds1 test is based upon technology that has been well-founded on established scientific principles that have withstood exhaustive medical analysis and should meet the U.S. Federal Court Daubert standards regarding expert witness testimony.
The msds1 test can be applied to any particular type of cell. For example, a lung cell may be analyzed for unique asbestos-based DNA cellular signatures and cytokine responses. Or an individual cell may be analyzed for specific cellular signatures and cytokine responses conducive to benzene exposure.
This test could objectively prove causation early in the litigation process. This means that authentic injuries can be validated and could eliminate frivolous and nuisance claims. More information can be found at The Cytokine Institute’s website,www.cytokineinstitute.com.
Robert B. Katz, Esq., is a principal of Katz & Associates, and practices in the litigation areas of Toxic Tort, Construction Defect, Product Liability and General Liability. Katz & Associates is licensed in California, Nevada, and Arizona, with offices in Las Vegas and Woodland Hills. (818) 716-6110.