Unreliable Testimony on Specific Causation Dooms Pipefitter’s Benzene Exposure Case

A pipefitter alleging benzene in Rust-Oleum paint caused his leukemia failed to present sufficient expert testimony linking the disease to decades of occupational exposure, the U.S. District Court for the District of Massachusetts held Sept. 6, granting the manufacturer summary judgment (Milward v. Acuity Specialty Prods. Grp. Inc., 2013 BL 237887, D. Mass., No. 07-11944).

The court found the plaintiff’s expert evidence on dosage was admissible, but rejected other expert testimony by the plaintiff seeking to prove that exposure to benzene was a cause-in-fact of his disease.

Paint Exposure Allegedly Caused Leukemia.

Brian Milward and his wife sued ...