Certified Industrial Hygienist Testimony in Personal Injury Cases: Theories of Exposure, Causation, Risk, Toxicity
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide plaintiff and defense counsel in proffering and challenging testimony from certified industrial hygienists (CIHs). CIHs may be the most important type of witness that most counsel have never heard of. Artful handing of their testimony can make or break personal injury cases arising from exposure to disease-causing materials. Both plaintiffs and defendants rely on CIHs in COVID-19, including polyfluoroalkyl substances (PFAS), talc-asbestos, benzene, mold, and other similar litigation to show causation, prove gross negligence or prior knowledge, and effective mitigation. The program will explore the strengths and limits of CIH expertise and testimony and best strategies for presenting and challenging their testimony.
Outline
- Overview of industrial hygiene
- Categories of cases where CIH are best used
- Scope of duties and educational qualifications to certify
- CIH in "dust" cases: asbestos, talc, silica
- CIH in organic exposures: COVID-19, mold
- CIH in polyfluoroalkyl substances (PFAS) cases
- Proffering the CIH
- Cross-examining the CIH on deposition and at trial
Benefits
The panel will review these and other essential topics:
- What is a CIH and which ones make the best witnesses?
- When is CIH testimony most useful?
- Can employing a CIH before suit assist in settlement?
- What are the limits of CIH knowledge and testimony, generally?
- Does a CIH take the place of other types of experts?
Faculty
Marc S. Gaffrey
Partner
Hoagland Longo Moran Dunst & Doukas
Mr. Gaffrey tries asbestos cases and oversees the trial teams of several of his clients both locally in NY and NJ and... | Read More
Mr. Gaffrey tries asbestos cases and oversees the trial teams of several of his clients both locally in NY and NJ and throughout the country. He has extensive experience in the litigation of toxic tort matters and mass tort litigation involving lead, asbestos, silica, talc, benzene, "sick building syndrome," latex allergy, PCB, diazanon, welding fumes, orthodichlorobenzene, trichloroethylene, and numerous other chemicals and pesticides. Mr. Gaffrey has handled thousands of toxic tort cases in New Jersey and New York.
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David Katzenstein
Member-in-Charge
Eckert Seamans Cherin & Mellott
Mr. Katzenstein is a litigator with over 35 years of experience in the defense of personal injury and commercial cases... | Read More
Mr. Katzenstein is a litigator with over 35 years of experience in the defense of personal injury and commercial cases in New Jersey and New York, during which he has tried many cases to verdict. He has also served and tried cases as joint medical counsel in New Jersey and is currently national coordinating counsel for several clients in mass tort litigation.
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Kelly Scribner Tuttle, PhD, CIH
Senior Toxicologist
CTEH
Dr. Scribner Tuttle has experience in the fields of chemical emergency response, human and environmental toxicology,... | Read More
Dr. Scribner Tuttle has experience in the fields of chemical emergency response, human and environmental toxicology, cell biology, crisis communication, systems biology, physiology, and cancer research.
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