Category Archives: Expert Challenges

Lack of Product Specific Expert Testimony About Respirable Asbestos Fibers Reverses Mesothelioma Verdict Supreme Court of Connecticut, November 2, 2017

CONNECTICUT — Plaintiff Marianne Bradley, as executrix of her husband Wayne Bagley’s estate, sought to recover damages pursuant to Connecticut’s Product Liability Act for the wrongful death of the decedent under theories of negligence and strict liability. Plaintiff alleged that the decedent was exposed to asbestos-containing dust from FM-37, a product manufactured by the defendant, while working at Sikorsky Aircraft Corporation and this exposure caused decedent’s mesothelioma. The plaintiff further alleged that the defendant’s actions in selling its product constituted violations of the Act in…

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$8.5 Million Verdict Affirmed Against Premises Defendant District Court of Appeal of Florida, Third District, September 6, 2017

Plaintiffs Dennis Britt and Rosa-Maria Britt filed suit after Dennis Britt was diagnosed with mesothelioma. Britt ultimately passed away from the disease and Rosa-Marie Britt continued as personal representative of his estate and added a wrongful death claim. Britt was an employee benefits advisor from 1978-1997 where he visited various commercial and industrial facilities to speak with, and enroll, employees of these facilities, some of which were owned and operated by the defendant. Prior to his death, Britt testified that during the course of his…

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Plaintiff’s Medical Expert Permitted to Testify After Reversal of Judgment Barring Opinion California Court of Appeals, August 14, 2017

Plaintiffs brought suit against several defendants including TRZ Realty, alleging their decedent developed colon cancer as a result of occupational exposure to asbestos. William Duty worked as a drywall taper for over 40 years. Before trial, TRZ filed a motion in limine challenging Dr. Revels Cayton’s qualifications to testify as to the causal connection between colorectal cancer and Plaintiff’s exposure to asbestos. After the trial court’s hearing, the court disqualified Dr. Cayton. The plaintiffs conceded they could not prevail at trial without his testimony. The…

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Friction Defendants Granted Summary Judgment on the Issue of Causation Supreme Court of New York, Nassau County, August 2, 2017

On August, 2, 2017, Nassau County Supreme Court Justice Julianne Capetola granted various defendants’ motion to renew and re-argue the court’s prior denial of the defendants’ combined Frye/summary judgment motions as to the issue of causation. Upon renewal, the court granted summary judgment to the defendants. By way of background, plaintiffs Giulio Novello and Rosaria Novello brought suit in the Nassau County Supreme Court seeking damages for personal injuries against various automotive-related defendants. The plaintiffs contended that Novello’s lung cancer diagnosis was causally related…

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Consideration of Decedent’s Specific Exposure History Renders Testimony of Dr. Jacqueline Moline Reliable U.S. District Court, New Jersey, August 4, 2017

Decedent Gerald Hoffeditz alleged asbestos exposure from automotive and heavy equipment repair on various vehicles, including large military trucks while working at the Letterkenny Army Depot. He subsequently passed away from mesothelioma. Various defendants moved to exclude the evidence and testimony put forth by the plaintiff’s expert Dr. Jacqueline Moline. The court denied this motion. For expert testimony to be admitted, the proffered witness must: (1) be qualified; (2) testify about matters requiring scientific, technical or specialized knowledge (reliability), and (3) assist the trier of…

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Each and Every Exposure Theory Insufficient to Prove Specific Causation in South Carolina Federal Court U.S. District Court for the District of South Carolina, July 21, 2017

This decision addresses a similar issue from two different cases and therefore was decided within the same order. Both sets of plaintiffs offered the opinions of Carlos Bedrossian, MD to provide evidence of specific causation. For a brief factual background, plaintiff John E. Haskins served in the U.S. Navy as a fireman aboard the USS Coney. Haskins was diagnosed with mesothelioma in November of 2014 allegedly caused by his cumulative exposure to asbestos from working with and around asbestos-containing products manufactured or distributed by the…

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Plaintiffs’ Daubert Challenge Denied as Expert Disclaims Causation Expertise United States District Court, D. Maryland, July 17, 2017

Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and has confined his opinion to explaining the risk assessments performed by various agencies and organizations and offering his risk assessment opinion based on the analysis that his profession is trained…

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Exclusion of Plaintiffs’ Causation Experts Leads to Granting of Summary Judgment United States District Court, D. Maryland, July 17, 2017

Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. Plaintiff stated that he was exposed during his time living in a Brooklyn apartment when a ceiling was repaired in 1965, again in 1973 during wall repair in Baltimore, MD…

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NYCAL Court Denies Motion in Limine to Preclude Plaintiff’s Causation Experts Supreme Court of New York, New York County, April 14. 2017

The court issued further rulings in a case previously reported in Asbestos Case Tracker on April 12, 2017. This case involved plaintiff Frederick Evans’ alleged exposure to asbestos-containing dust from his work as an HVAC mechanic from 1955-59. Although the defendants submitted a joint omnibus motion in limine, the only defendant remaining at trial was Burnham LLC. Here, the motion in limine to exclude the causation opinions of the plaintiffs’ experts Dr. Carl Brodkin and Dr. John Maddox was denied. Burnham argued the plaintiffs’ causation…

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Daubert Challenges Result in Experts Being Allowed to Testify Regarding General Causation; Not Specific Causation U.S. District Court for the Eastern District of Louisiana, March 6, 2017

In this federal court case, it was alleged that the plaintiff’s decedent was exposed to asbestos while serving in various job duties while in the U.S. Navy during the 1960s.  The plaintiff brought two Daubert motions seeking to preclude the defendants’ experts, Drs Michael Graham and Mark Taragin, from testifying. Dr. Graham is a forensic pathologist and Dr. Taragin is an epidemiologist.  The court granted in part and denied in part the plaintiff’s motions. The court would allow each expert to provide general causation testimony…

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