5th Circuit Affirms Dismissal of Claims, Rejects Reliance on Clinical Experience

NEW ORLEANS -- The U.S. Court of Appeals for the 5th Circuit has upheld the award of summary judgment to several defendants in a benzene lawsuit, finding no error with the district court's conclusions that the plaintiffs' general causation expert relied on insufficient evidence. LeBlanc, et al. v. Chevron USA Inc., et al., No. 09-31149 (5th Cir.).

In the Sept. 23 opinion, the 5th Circuit specifically found fault with the expert's reliance on epidemiological studies and his own clinical experience to link benzene exposure to the development of myelofibrosis.

The claims were asserted on behalf of Malcolm LeBlanc, who …