Faulkner v. Various Defendants

Melissa Kay Roeder

Practice Area: Litigation

Outcome: Successful Frye Hearing

Description: March 2007: Motion victory regarding medical causation - plaintiff alleged esophageal cancer and asbestosis from exposure to asbestos. The trial court granted Forsberg & Umlauf's motion to dismiss all claims for damages associated with plaintiff's esophageal cancer claim based on his failure to establish that the scientific community accepts a causal relationship between asbestos exposure and esophageal cancer as required under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). Success on this motion reduced the case from a life-threatening cancer case to one of questionable minor injuries.