Tuesday, February 10, 2004

Employee Toxic Tort Suit Against IBM to Go to Trial in New York

The National Law Journal reports that another employee suit against IBM is going to trial, this time in New York, alleging personal injuries as a result of exposures to chemicals in IBM's "clean rooms." The New York case is the first to involve a birth defect claim. Controversy centers on a John Hopkins study commissioned by IBM. According to IBM, it shows no statistically significant increased prevalence of birth defects among the children of exposed employees. According to the plaintiffs, it shows a 12-fold increase in central nervous system anomalies. Thanks to The Legal Reader for the pointer.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.