HPTY Obtains Dismissal Order In Federal Court Take-Home Multi-Substance Toxic Exposure Case

October 2013

Beverly Bond, Barret Marshall and Matt Sapp obtained a dismissal order in a complex take-home multi-substance toxic exposure case brought on behalf of the deceased spouse of a former employee of their client.  Plaintiff alleged that the decedent developed desquamative interstitial pneumonitis from exposure to a laundry-list of substances brought home on her husband’s work clothes including: beryllium, aluminum, carbon, iron, zinc, copper, magnesium, manganese, lithium, cobalt, and asbestos.  In an attempt to comply with the court’s requirement to submit a preliminary causation report, Plaintiff offered a generic expert opinion stating that the various substances at issue could cause lung disease in general, without regard to the decedent’s specific pathologic disease presentation. HPTY filed a motion to dismiss which included a comprehensive review of the scientific literature on each substance and the Plaintiff’s expert’s failure to establish a prima facie showing of a causal nexus between any of the substances and the decedent’s specific disease.  After considering the motion, the Honorable Eduardo Robreno dismissed all of Plaintiff’s claims against HPTY’s client.

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