Plaintiffs Involved in APL Appeal Claim Defendants 'Missed the Point'

BOSTON -- Plaintiffs appealing the dismissal of their benzene-related acute promyelocytic leukemia case have fortified their argument, stating that the mere absence of epidemiology studies does not automatically mean that an expert cannot testify on a connection between benzene exposure and APL. Milward v. Acuity Specialty Products Group Inc., No. 09-2270 (1st Cir.).

In a May 10 reply brief filed in the U.S. Court of Appeals for the 1st Circuit, the plaintiffs maintain that the court "stepped far outside its limited role as a gatekeeper," when it dismissed their complaint based on inadmissibility of plaintiff's expert testimony.

Plaintiffs Brian and …