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U.S. District Court for the Eastern District of Louisiana – Industrial Hygienist William Dyson’s Dose Reconstruction Methodology for Assessing Levels of Asbestos Exposure Found Scientifically Reliable Under Daubert (Feb. 11, 2015) February 17, 2015

The plaintiff in this Louisiana federal court case alleged that decedent pipefitter was exposed to asbestos while at various locations during his career, including a one-to-two-week period at Union Carbide. Union Carbide offered the expert testimony of industrial hygienist Dr. William Dyson to perform a dose reconstruction assessment of the decedent’s level of asbestos exposure throughout his life and specifically during the one-to-two-week period at Union Carbide. The plaintiff moved to preclude Dr. Dyson’s opinion under Federal Rule of Evidence 702 and Daubert principles. In ruling that Dr. Dyson’s methodology was scientifically reliable and permitting him to testify, the court stated: “Plaintiff generally challenges the reliability of Dr. Dyson’s testimony. After reviewing Union Carbide’s opposition, the Court nevertheless believes dose reconstruction assessment methodologies to be sufficiently established and accepted to withstand the Daubert analysis. The Court understands Plaintiff’s concerns regarding the use of the methodology here to reconstruct a particular person’s dose rather than to examine a population’s dose response more generally. However, the Court finds that Plaintiff adequately may address such concerns through thorough cross examination. Because the Court further concludes that Dr. Dyson’s testimony is relevant, the Court will not preclude Dr. Dyson from testifying.”

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