The Horwin SV40 Ruling and Its Impact On the Asbestos Litigation

Articles & Publications

July 6, 2005

On May 8th, in Horwin v. American Home Products, Inc., the U.S. District Court for the Central District of California conducted a Daubert hearing, and granted a defense motion to exclude SV40 testimony offered by Plaintiffs. But the court's exclusion of the testimony is only half the story. In fact, the ruling is highly significant to those seeking to introduce evidence of SV40 as a co-causative factor in asbestos or other cases. Most importantly, the court also held that the general causation testimony of Plaintiffs' experts, Dr. Adi Gazdar and Dr. John Lednicky, passed muster under the rigors of Daubert.

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