Verdict: Not Guilty
Date: September, 2010
Plaintiff’s Medical: Dr. Mary McAfee (Internist) and Dr. Ho Myong (Oncologist)
Plaintiff’s Experts: Melvyn Kopstein, Ph.D. (Chemical Engineer) and Dr. Arthur L. Frank (Public Health)
Defendant’s Experts: Dr. Raymond Harbison (Toxicologist) and Dr. Gregory Sarna (Oncologist)
Summary: Plaintiff worked in paint department of Equipto, Inc. for 40 years. He was diagnosed with chronic myelomonocytic leukemia (CMML) in 2006. He also suffered from pericarditis and an enlarged spleen. This all lead to sepsis and his eventual death at age 72. Plaintiff’s estate contended that CMML was due to exposure to benzene. Defense argued that it was impossible to calculate Plaintiff’s purported “dosage” of benzene and that CMML was not known to be caused by benzene.
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Category: Case Results Blog, Third Party Claim, Workers Compensation/Work Injuries, Wrongful Death