Ohio Court Affirms Dismissal of In Utero Exposure Case

SPRINGFIELD, Ohio -- An Ohio appellate court has upheld the dismissal of a benzene case involving in utero exposure allegations, saying the claims failed because the testimony of several of the plaintiffs' experts was unreliable. Kerns, et al. v. Hobart Brothers Co., et al., No. 2007 CA 32 (Ohio 2nd Dist. Ct. App., Miami Cty.).

In the May 6 opinion, the Ohio Second District Court of Appeals for Miami County found the testimony of four of the plaintiffs' experts were not grounded in sufficient methodology.

"Without expert testimony on the issues of causation and exposure, appellants are unable to meet …