A Civil Action

Two weeks after the Woodshed Conference, Skinner summons the lawyers to his chambers. Citing articles by law professor Charles Nesson, he asks Schlichtmann how he plans to proceed with statistical evidence if his experts cannot conclude that TCE caused the illnesses but believe it is highly probable. Schlichtmann responds that the case will be proven on purely clinical grounds, not with statistics. On this point, Jacobs argues that the Harvard Health Study is statistical evidence and should not be admitted in light of Schlichtmann’s statement about clinical proof. Cheeseman also intends to challenge the inclusion of the study as evidence.

For three weeks, Cheeseman and Facher depose 19 Woburn family members, and Schlichtmann attends each meeting. Each family is questioned about its use of over 500 household products containing various chemicals, as each item—even peanut butter—contains a known carcinogen. The goal is to introduce doubt about the leukemia’s cause. It is an exhausting process for Schlichtmann and for the families.

A week later, Schlichtmann meets with a friend, a personal injury lawyer named Tom Kiley. Schlichtmann confides that he is overwhelmed, and Kiley commiserates before recommending that Schlichtmann hire a law professor to help him figure out how to introduce the Harvard Health Study.