KJMSH&R Instrumental in Obtaining Dismissal for Defendant-Client in Florida Product Liability Benzene Exposure Case.
January 2020KJMSH&R partner Bob Connor’s efforts as national counsel for a consumer product manufacturer were instrumental in obtaining its dismissal with prejudice in a toxic tort/chemical exposure case filed in Florida. Plaintiff’s claims involved his use of the client’s alleged benzene-containing consumer product and his development of acute myeloid leukemia. Working closely with our client’s local counsel in Florida, Bob coordinated the defense effort in preparing and presenting a team of nationally recognized defense experts in the following medical and scientific disciplines: hematology, oncology, epidemiology, toxicology and industrial hygiene/exposure analysis. Bob also took a lead role in examining the key plaintiff’s industrial hygiene expert who conducted an assessment of plaintiff’s chemical exposure. Bob’s examination of plaintiff’s expert and analysis of his opinions formed the basis of our client’s Daubert and summary judgment motions, which challenged the opinions of plaintiff’s exposure assessment expert as (1) not based upon sufficient facts or data, (2) not based on reliable principles or methods, and (3) not reliably applied to the facts of the case. The Court granted the motions, resulting in our client’s dismissal from the case. The Court found that the scientific literature relied upon by plaintiff’s industrial hygiene expert did not support his opinions as to the client’s product and were not reliably applied to the facts of the case. Having found this expert’s opinions to be the “lynch pin” of plaintiff’s case, the Court granted summary judgment.