DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073010P.pdf 08/14/2008 Racheal Bland v. Verizon Wireless
U.S. Court of Appeals Case No: 07-3010
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Riley, Author, with Bowman and Hansen, Circuit Judges]
Civil Case - causation. District court did not abuse its discretion in
excluding physician testimony establishing causal link between inhalation
of freon and exercise-induced asthma because expert could not conclude
based on differential diagnosis that exposure was the most probable cause
or was based on a reasonable degree of medical certainty and expert
failed to eliminate other possible causes. Expert's lack of knowledge
regarding level of exposure needed to risk contracting asthma and amount
of actual exposure plaintiff suffered supported lack of basis for causation
opinion. Temporal proximity alone was insufficient to support opinion.