10th Circuit Affirms Summary Judgment Award in Benzene Cause, Finds Questions Regarding Differential Diagnosis Justified

DENVER –– The 10th Circuit U.S. Court of Appeals has affirmed the dismissal of a benzene suit, finding no error with the District Court’s exclusion of expert testimony after questioning the reliability of the experts’ decision to use the highest hourly average-emission level in assessing causation.

In the April 10 opinion, the 10th Circuit also took issue with the experts’ use of differential diagnosis, saying that benzene was not properly ruled in as a potential cause, while idiopathic causes were not properly ruled out as a potential cause of the plaintiff’s leukemia.

Ultimately, the 10th Circuit concluded, the plaintiff needed …