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Genetic 'Fingerprinting' May Be Key in Virus Exposure Suits Genetic ‘Fingerprinting’ May be Key in Virus Exposure Suits 2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? 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CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE Genetic ‘Fingerprinting’ May Be Key in Virus Exposure Suits Adam M. Dinnell Four Key Issues: . 1. What is genetic sequence-based typing? . 2. How could it be used in COVID-19 cases? . 3. Has this type of evidence been used before? . 4. What steps can I take now? Four Key Issues: . 1. What is genetic sequence-based typing? . 2. How could it be used in COVID-19 cases? . 3. Has this type of evidence been used before? . 4. What steps can I take now? DNA . Image Source: Jurassic Park, Universal Pictures (1993) Human Genome . Image Source: cancerquest.org Typing of Infectious Agents Legionella Example Four Key Issues: . 1. What is genetic sequence-based typing? . 2. How could it be used in COVID-19 cases? . 3. Has this type of evidence been used before? . 4. What steps can I take now? Coronavirus Identification . Image Source: Institut Pasteur, https://eurekalert.org/pub_releases/2020-01/ip- ips013120.php Coronavirus Typing . Image Source: University of Cambridge, https://www.cam.ac.uk/research/news/covid-19- genetic-network-analysis-provides-snapshot-of-pandemic-originse Scenario 1 8 10 6 3 2 1 Scenario 2 8 10 42 6 10 2 1 Scenario 3 10 8 Scenario 4 10 2 6 Four Key Issues: . 1. What is genetic sequence-based typing? . 2. How could it be used in COVID-19 cases? . 3. Has this type of evidence been used before? . 4. What steps can I take now? Examples: . a. Legionella . Schultz v. United States, 2017 WL 635289 (W.D. Pa. Feb. 16, 2017). b. E.coli . Long v. Fairbank Farms, Inc., 2011 WL 2516378 (D. Maine May 31, 2011). c. Hepatitis C . Gonzalez v. Arya, MD, 2013 WL 12094285 (N.Y. Sup. Nov. 3, 2013). d. PRRS . TDM Farms, Inc. of North Carolina v. Wilhoite Family Farm, LLC, 969 N.E.2d 97 (Ind. App. 2013). Examples: . e. Histoplama capsatum . Krishack v. Milton Hershey Sch., 145 A.3d 762 (Pa. Super. Ct. 2016). f. MRSA . Frederick v. Intercontinental Hotels Group Resources, Inc., 2011 WL 666843 (E.D. La. Feb. 14, 2011). g. Listeria . Drayton v. Pilgrim’s Pride Corp., 472 F. Supp. 2d 638 (E.D. Pa. 2006). Four Key Issues: . 1. What is genetic sequence-based typing? . 2. How could it be used in COVID-19 cases? . 3. Has this type of evidence been used before? . 4. What steps can I take now? What steps can I take now? . a. Engage the science . b. Obtain and preserve samples . c. Retain top experts What steps can I take now? . a. Engage the science . b. Obtain and preserve samples . c. Retain top experts What steps can I take now? . a. Engage the science . b. Obtain and preserve samples . c. Retain top experts Questions? References 1 See generally, Molecular Typing, https://www.efsa.europa.eu/en/interactive- pages/moleculartyping/MolecularTyping. 1 E.g., Sah R, Rodriguez-Morales AJ, Jha R, Chu DKW, Gu H, Peiris M, Bastola A, Lal BK, Ojha HC, Rabaan AA, Zambrano LI, Costello A, Morita K, Pandey BD, Poon LLM. 2020. Complete genome sequence of a 2019 novel coronavirus (SARS-CoV-2) strain isolated in Nepal, https://mra.asm.org/content/9/11/e00169-20. 1 Id.; Bad News Wrapped in Protein: Inside the Coronavirus Genome, https://www.nytimes.com/interactive/2020/04/03/science/coronavirus-genome-bad- news-wrapped-in-protein.html. 1 Id. 1 Software and Genetic Sequencing Track the Coronavirus’s Path, https://spectrum.ieee.org/the-human-os/biomedical/devices/genetic-sequencing-and- online-software-tools-track-caronaviruss-path. 1 See GenBank, SARS-CoV-2 (Severe acute respiratory syndrome coronavirus 2) Sequences, https://www.ncbi.nlm.nih.gov/genbank/sars-cov-2-seqs/; Nextstrain, https://nextstrain.org/. 1 Schultz v. United States, 2017 WL 635289, at *5 (W.D. Pa. Feb. 16, 2017). 1 Declaration of Natalia Kozak-Muiznieks, Ph.D., 2016 WL 9410655 (for a sample of the evidentiary support required for this type of argument). 1 Schultz, 2017 WL 635289, at *5 (although granting summary judgment before reaching causation issues, recognizing that, “The strain in Mr. McCluskey’s sample was ST 224, a strain that has never been found at the VA hospital.”). 1 Long v. Fairbank Farms, Inc., 2011 WL 2516378, at *2-3 (D. Maine May 31, 2011). 1 Id. 1 Gonzalez v. Arya, MD, 2013 WL 12094285 (N.Y. Sup. Nov. 3, 2013). 1 TDM Farms, Inc. of North Carolina v. Wilhoite Family Farm, LLC, 969 N.E.2d 97, 107 at n.5 (Ind. App. 2013). 1 Krishack v. Milton Hershey Sch., 145 A.3d 762, 766-68 (Pa. Super. Ct. 2016) (emphasizing there were other possible routes of exposure and plaintiff had no proof through soil testing or otherwise that the fungus was ever found on the defendant’s premises). 1 Id. 1 Frederick v. Intercontinental Hotels Group Resources, Inc., 2011 WL 666843, at *8 (E.D. La. Feb. 14, 2011). 1 Drayton v. Pilgrim’s Pride Corp., 472 F. Supp. 2d 638, 639 (E.D. Pa. 2006). Genetic ‘Fingerprinting’ May Be Key in Virus Exposure Suits Adam M. Dinnell.
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