Penn. High Court Tosses ‘Any Dose’ Asbestos Theory

The Pennsylvania Supreme Court ruled that civil lawsuit plaintiffs alleging asbestos-related ailments cannot submit scientific testimony asserting that even the smallest exposure to the material could cause cancer.

The court said in May that plaintiffs must show some relationship between the amount of exposure and development of the disease. The ruling came in an auto mechanic’s 2005 lawsuit alleging that exposure to asbestos from brake lining repair over 44 years caused his mesothelioma. A Superior Court said a jury should evaluate the “any exposure” testimony, but the high court said the trial judge was right to be circumspect about the underlying scientific methodology.