1. PRESS RELEASE
July 13, 2015, San Francisco, CA
Lawsuit resolves after pre-trial evidentiary hearing ordered
Plaintiff alleged that our client exposed him to toxic substances in the 1960s that led to his recent
development of multiple myeloma, a blood cancer which develops in bone marrow and is usually
fatal. Plaintiff was granted a preferential trial date based on his multiple myeloma diagnosis and
the court’s finding that the multiple myeloma would likely prevent the plaintiff from
participating in the trial unless preference was granted.
After analyzing plaintiff’s expert’s report, the medical references cited therein, and taking the
expert’s deposition, we moved in limine for an order precluding plaintiff’s expert from testifying
at trial unless he first testified at a pre-trial hearing and demonstrated to the court’s satisfaction
that his opinion had a sufficiently sound scientific foundation to be admitted at trial. Recent case
law from the California Supreme Court has emphasized the trial court’s role as a gatekeeper to
prevent the admission at trial of scientific theories and expert testimony which do not have an
adequate scientific foundation. Based on that recent law, trial courts are more receptive to
defense motions seeking to investigate the bases of claims that certain events or substances
caused later-arising ailments. We argued that the plaintiff’s expert’s medical references and his
deposition testimony did not support his causation theory and that more recent medical and
scientific literature refuted the expert’s theory.
The trial court agreed and ordered a pre-trial hearing. The case resolved shortly thereafter.
If you have any questions or comments, you may contact the handling attorney, Guy Stilson, at:
Guy W. Stilson, Esq.
LOW, BALL & LYNCH
505 Montgomery St., 7th
Floor
San Francisco, CA 94111-2584
Office: 415.981.6630 Direct: 415.394.3642
Fax: 415.399.1506
gstilson@lowball.com www.lowball.com