Benzene, Union Pacific, Harder and follicular lymphoma (a type of Non-Hodgkin’s Lymphoma) is about Union Pacific employee that that alleges his exposure to toxins while working on locomotives for Union Pacific caused or contributed to his development of follicular lymphoma (a type of Non-Hodgkin’s Lymphoma). A brief summary of the Benzene, Union Pacific, Harder and follicular lymphoma (a type of Non-Hodgkin’s Lymphoma case follows:
- Defendant, Union Pacific Railroad (UPRR), moves to exclude the expert testimony of Dr. Ernest Chiodo (Dr. Chiodo) and Dr. Hernando Perez (Dr. Perez) at trial.
- Further, UPRR moves for summary judgment claiming no genuine issues of material fact regarding exposure and causation.
- For the reasons discussed below, the motion to exclude the expert testimony of Dr. Chiodo and UPRR’s motion for summary judgment will be granted. The motion to exclude the expert testimony of Dr. Perez will be denied as moot.
- Plaintiff, Thomas Harder (Harder) was employed by UPRR as a railroad machinist from 1979 to 1987.
- Harder was diagnosed with follicular lymphoma (a type of Non-Hodgkin’s Lymphoma) in 2015 , and he filed suit under the Federal Employers’ Liability Act (FELA) alleging his lymphoma was caused by exposure to toxic substances while working on locomotives.
- Harder designated Dr. Chiodo as a medical expert, “who will testify as to general and specific causation…”.
- Dr. Chiodo’s opinion concentrates on diesel exhaust and benzene, a component of diesel exhaust, solvents, and welding fumes.
- UPRR claims “Dr. Chiodo’s opinions are flawed regarding his methodology and lack of scientific and factual support requiring exclusion under Fed. R. Evid. 702, 703, 705, and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993).”
- Harder designates Dr. Perez as his liability expert, “who will testify, generally, as to notice and foreseeability… including exposure to carcinogens and the railroad industry’s knowledge of the hazards of exposure to toxins.”
- UPRR claims Dr. Perez’s opinions should be excluded as they “are nothing more than speculation based on Mr. Harder’s 30-year-old recollection of his work environment.”
For more on the Benzene, Union Pacific, Harder and follicular lymphoma (a type of Non-Hodgkin’s Lymphoma) case in the United States District Court, D. Nebraska, please follow this link: Benzene, Union Pacific, Harder and follicular lymphoma (a type of Non-Hodgkin’s Lymphoma
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