Statistical Litigation Support: Test Plaintiff Selection

            Chemical litigation experts report that statistical expertise is the critical element in an increasing number of cases. The objective of regulatory risk assessment and the needs at trial are significantly different. Sielken & Associates provides statistical analysis to help judges and juries evaluate testimony on causation, fault, exposure, and damages. For example, regardless of the exact number of test plaintiffs the courts determine to be appropriate, the choice of who will serve as test plaintiffs ultimately should be decided by some version of random selection, which is impartial selection and, thus, fundamentally scientific. Sielken & Associates developed a random selection process that guarantees the target population, represented by the sample, does, in fact, reflect the whole population from which the sample was drawn. Random selection guards against the dangers of making inferences about the whole population on the basis of a sample from a non-representative subgroup.

            Although random sampling is an easily implemented and understood sampling procedure, its significance must be explained by one well versed in statistical concepts and their application, communication, and courtroom strategies. Dr. Sielken combines these skills and can present a compelling argument about the benefits of random sampling to judges and juries. Sielken & Associates statistical expertise also helps the litigation team determine optimal sample sizes on a case-by-case basis and avoid pitfalls in both the selection process and the use of the results for the test plaintiffs.