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The Sixth Court Expands the use of Differential Diagnosis by Roetzel & Andress, A Legal Professional Association - Akron Office
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September 17, 2009
Previously published on August 2009
The Sixth Circuit has long been a proponent of differential diagnosis for the establishment of specific causation in toxic tort cases. It recently expanded the application of differential diagnosis to establish general causation in these cases. In doing so, the Sixth Circuit struck an injurious blow to defendants by making it more likely that a plaintiff may recover damages for injuries. In short, while a plaintiff must still meet his burden of proving his case beyond a preponderance of the evidence, the Sixth Circuit's recent decisions make it easier for a plaintiff to meet this burden, thus making it more likely that a plaintiff will be awarded damages.
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