Successful Frye Hearing Leads to Exclusion of Nationally Recognized Expert

Plaintiff filed a $5 million toxic tort claim against a distributor of steam valve packing. Plaintiff had been diagnosed with a rare form of peritoneal mesothelioma, which she claimed was caused by exposure to asbestos while observing her father's work with valve packing. We conducted a thorough analysis of the medical literature, and careful depositions of plaintiff's experts to build a record to show that the plaintiff's cancer was not caused by asbestos. After extensive briefing and legal argument, the court granted our pretrial motion for a Frye hearing to consider excluding the causation testimony of plaintiff's nationally recognized experts.  As a result, the case settled for less than 5% of plaintiff's original demand.

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