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Dose Reconstruction for Toxic Torts

Dose reconstruction is the determination of historical doses, whether by inhalation, ingestion, or entry through the skin. Doses depend on exposure levels, which are determined by the concentration of chemicals in air, water, soil, food, etc. The dose at which toxic effects occur varies from chemical to chemical. It is a toxicological adage that “the dose alone determines the poison.” Thus, quantitative chemical-specific doses are required. If concentration data were available for the time period and location at which exposure is being claimed, estimating exposure and dose for each chemical would be straightforward, although issues of bioavailability or chemical speciation might still be present. However, this is usually not the case. More typically, either no concentration data exist or the exposure period of interest predates any data. Exponent provides a full range of dose reconstruction services to attorneys and industry, serving as both testifying and consulting experts in the following areas:

Air dispersion modeling and analysis of air monitoring data
Unlike chemicals in groundwater or soil, chemicals in air do not persist. Thus, when there are no monitoring data during the claimed period of exposure, reliance has to be on mathematical modeling of exposures. A number of indoor and outdoor air dispersion models are available, including EPA-approved models that are appropriate for specific uses. Chemical emissions estimates for use with these models are case-specific. Mass balance calculations, emissions models, and compilations of emissions factors for similar sources can assist in developing appropriate emissions factors.

Groundwater modeling and analysis of groundwater data
Chemicals in groundwater can undergo a number of attenuation processes including biodegradation, hydrolysis, dispersion, and volatilization with time. Thus, it is possible for plaintiffs to claim that historical concentrations were much greater than current concentrations. Rates for these loss processes are generally site-specific and modeling historical concentrations requires that site-specific data be available. Concentrations of biodegradation or hydrolysis products can sometimes be used to estimate original concentrations of “parent” compounds.

Estimation of bioconcentration factors in fish, livestock, or produce
Some chemicals can accumulate in fish, livestock, or vegetables. Thus, even though concentrations in water may be low, concentrations in food may be high. Laboratory or field studies can be used to determine bioconcentration rates either based on the chemical and species of interest or on appropriate surrogates. In choosing chemical surrogates, the propensity to bind to organics is an important factor. The plant or animal part used in the study is also an important factor (e.g., fat or muscle; leaf or root, etc.).

Quality assurance of chemical data
It sometimes happens that only a few high concentrations have been recorded. Under these circumstances, it may be important to examine raw data, such as chromatograms, to see that correct chemical identifications and concentrations have been determined. It may also be appropriate to extrapolate high chemical concentrations measured over very brief time periods to durations of toxicological interest.

Unlike risk assessments conducted for EPA approval, conservative “health-protective” factors are not required in making these dose estimates. Many of the chemicals that are the focus of toxic torts also occur in consumer products or have a natural (e.g., lead) or anthropogenic (e.g., dioxins) background. Therefore, if realistic exposure levels will be estimated, these should be put in perspective by documenting the exposures to the same chemicals that people normally receive (e.g., from residential indoor air or while driving).

Other Exponent services related to dose reconstruction include:

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