STORY FROM: Benzene & Emerging Toxic Torts Litigation

1st Circuit Affirms Dismissal of Benzene Suit; Says Federal Court Correctly Excluded Specific Causation Testimony

BOSTON –– The 1st Circuit U.S. Court of Appeals has affirmed the dismissal of a benzene case, agreeing with the lower court’s finding that the plaintiffs had failed to establish specific causation through the testimony of an expert that relied on a differential diagnosis to support her conclusions.

In the April 25 order, the 1st Circuit acknowledged that utilizing the differential diagnosis method is a valid diagnostic tool, but found that, in the instant case, the expert had failed to use a technique to “rule out” an idiopathic diagnosis.

In their 2007 complaint, the Milwards alleged that Brian Milward's ...

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