Mesothelioma.com Resources for Patients and their Families

'Scientifically Unreliable' Theory Rejected in Asbestos Personal Injury Case

Rick Kornak provides sharp news and insightful articles for the Mesothelioma Cancer Alliance.

Rick Kornak

January 05, 2015

Chicago, Illinois - Mr. Charles Krik, the plaintiff in an asbestos personal injury case, has been barred from using the “any exposure” theory in his claim against defendants Crane Co., ExxonMobil Oil Corporation, Owens-Illinois, Inc., and Marley-Wylain Company. An Illinois federal court deemed the theory “scientifically unreliable.”

The theory – which states that any exposure to asbestos, not just long-term exposure, can result in the development of asbestos-related diseases, such as mesothelioma – was rejected by Judge John Z. Lee in the U.S. District Court for the Northern District of Illinois because it was being used generally, without relying on specific facts from Mr. Krik’s case. Prior to that decision, Judge Lee denied the defendants’ request to bar certain witnesses that were going to use the theory in their arguments for the plaintiff; however, by dismissing Mr. Krik’s ability to cite the “any exposure” theory in his claim, Judge Lee effectively nullified those same witnesses from being useful to Mr. Krik’s case.

Judge Lee pointed out that Mr. Krik and his experts acknowledged that asbestos-related lung cancer is a dose-responsive disease, meaning they could not simultaneously claim the “any exposure” theory, which denies a “fundamental principle of toxicology – that the ‘dose makes the poison.’”

“Krik’s argument that a single exposure or a de minimis exposure satisfies the substantial contributing factor test under Illinois law incorrectly states the controlling law: it is not that de minimis exposure is sufficient, but that more than de minimis exposure is required to prove causation,” wrote Judge Lee in the court’s opinion. He added, “Krik’s experts tout the any exposure theory with little to no evaluation of the actual facts in this case.”

Resources for Mesothelioma Patients and Their Families

Search the News:

Search the News

Upcoming Events

September 2018

ADAO Mesothelioma Awareness Month

“The Asbestos Disease Awareness Organization's (ADAO) mission is to educate the public and medical community about asbestos-related diseases and preventing asbestos exposure, while supporting research that leads to early detection, prevention, and a cure. For more information, please visit the organization's website via the link below. ”


9/8/2018
Starting point: Admiral’s Marina, Stillwater, NY

Kayaking for Meso

“Kayaking for Meso’s mission is to raise awareness about asbestos-caused mesothelioma and to raise money for research to fight this rare cancer. Monies raised will be donated to the Mesothelioma Applied Research Foundation (MARF). For more information, please visit Kayaking for Meso's website via the link below. ”