2011. Smoking – material contribution problem.

Smoking as a contributor to the cause of occupational lung cancer has been taken to court, but the situation is unclear. The detailed mechanisms now being worked on will allow greater certainty in the future, but not yet. In the alternate, inflammation could be used as a catch-all mechanism. Any cause or contributor to inflammation could be cited as a contributory cause. Cancer is indivisible, BUT, details of the mechanism could provide defences based on timing of exposure, and de minimis.

Smoking causes cardiovascular disease. Occupational or product contributions to this would be possible. Indivisible and divisible outcomes are both possible. Likely claims involving smoking would be when fine dust exposure is alleged to be a cause of indivisible heart disease. More speculative would occupational causes of debilitating high blood pressure or angina; both of which are divisible.

Evidence from:

A report of the Surgeon General (2010) ISBN 978-0-16-084078-4
How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease

Different mechanisms would fall under different legal precedents. The list includes Bonnington, McGhee, Wilsher, Badger, Bailey, Barker, Gregg v Scott, Fairchild, Hotson, Holtby, Sienkiewicz, XYZ, Novartis and the recent EL triggers case. For example, exposure to multiple mutagens would be under Wilsher if they each operated independently and under McGhee if they somehow co-operated. Chronic inflammation would be added to by any and all irritants, Bailey might be cited if the outcome is indivisible, Holtby if it is divisible.

11#1 3