Your first and second response contradict each other. First you state that causation must be proven. Then you state that decisions are most often based on unsupported evidence (at least with anti-trust law).
As far as causation is concerned, your answer just as well backs up my assertion as your retort. The truth is somewhere between causation needing to be proved with absolute certainty and a wild *** guess. With a jury that probably doesn't understand probability, science, or logic theory, causation becomes a moving target.
For example, foreign materials in the body often cause harm. People were harmed. Testing of the material cannot take into account all possible scenarios. Thus, it is possible that people were harmed by breast implants. And causation is proven with rudimentary logic and limited evidence.
With regard to my proposal:
1. I think a different system is needed to try science-based tort cases. I think excluding people with science backgrounds circumvents the purpose of law - seeking the truth. I am confident that a jury of peers would do much better than a jury of wandering gypsies. Difficulties in getting knowledgeable people on juries are numerous - prosecutors (and guilty defendants) don't want them, knowledgeable jurors don't want to serve.... So a change in the system, IMO, is necessary.
2. With regard to criminal cases if a person is injured by a celebrity (ie OJ, Michael Jackson, Robert Blake, Jerry Sandusky) they get millions. Yet, if a person is injured by a common criminal, he/she gets nothing. Yes I realize that trying a celebrity case is much, much more difficult. However, I still don't like the award differences between the two. A common fund would help, but I realize new problems might emerge.