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ARTICLE · 19 DECEMBER 2013

Differentiating Between Junk Science And Admissible Expert Opinion In Pennsylvania

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion.

United StatesLitigation, Mediation & Arbitration

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion.  A recent appellate decision in Pennsylvania in Snizavich v. Rohm and Haas Company provides useful clarification about the line between junk science and admissible expert opinion.

In Snizavich, the wife of a deceased worker at a chemical plant alleged that her husband had died because exposure to hazardous chemicals in the workplace had precipitated  his brain cancer.  Faced with a summary judgment motion alleging that there was no basis for asserting that exposure to chemicals had caused the husband's brain cancer, the wife proffered the opinion of  a medical doctor who said that in his opinion to a reasonable certainty there was a causal link between the exposure to workplace chemicals and the husband's brain cancer.  While noting that the opinion was presented by a scientist who used the "magic words" of an expert opinion, the court refused

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