Amicus Curiae File Brief in 7th Circuit Say ‘Cumulative/Any Exposure’ Causation Theory is ‘Unscientific Engine Driving Testimony’

CHICAGO – An amici group has filed a brief in the U.S. Court of Appeals for the 7th Circuit, saying that the “cumulative exposure” or “any exposure” theories of causation are “unscientific engine[s] driving the current testimony in asbestos litigation in which the experts fail in any way to account for the actual degree of exposure of the plaintiff from any specific activity.”

In the Oct. 6 brief, the Coalition for Litigation Justice Inc. argued that the dose must be sufficient to cause the result in asbestos cases and, further, that there is no distinction between “any exposure” and “cumulative …