This is the story of the first case to prove that the toxic fumes resulting from a fume event can cause permanent neurological damage. The Oregon attorney who won this case describes how he proved this case, and how he had overcome the industry response. The case was proven through the analogy of four links of a chain: factual, scientific, medical and disability. Each link is proven independently, and each link assumes the veracity of the other links. The factual link involves proving that the fume event did happen. The scientific link establishes that these fumes can cause these conditions. Assuming the first two links are proven, the medical link establishes that the pilot’s conditions were likely caused by the fume event. The final link proves the resultant impairment. This concept defeated the industry argument that the scientists need to have read the entire medical record to offer an opinion, or that the doctors have to be able to defend the science. The links are independent. Therefore, the doctors are not deferring to the toxicologists. Other arguments included the industry assertion that without knowing the exact dose and composition of the fumes one cannot prove causation and that the only harmful component is the tri-ortho isomer. Scientific testimony established the other components of these fumes are harmful aside from the ortho isomer, and that causation can be proven without knowing the exact dose. The end result was an order from the court establishing that these toxic fumes caused a wide variety of neurological disabilities suffered by the pilot.
This is a publication from the International Aircraft Cabin Air Conference 2021 (Online, 15-18 March 2021)