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Expert supporting Non-Hodkins Lymphoma patient's claim against BP is excluded

Sue Pluck was diagnosed with Non-Hodkins Lymphoma (NHL) several years after a BP pipeline spill contaminated the groundwater under her home.   While it is acknowledged that benzene was present in her well water and soil, and that it is a carcinogen capable of causing NHL, the Federal Sixth Circuit Court of Appeals upheld the dismissal of her case because her retained expert could not quantify the extent of Pluck's exposure to Benzene.  Testing of her well never exceeded the 5 ppm considered the maximum  safe exposure by the EPA, and  testing of the soil at her home had not been completed at the time the expert testified.  The expert's argument that there is no safe level of exposure to benzene was rejected by the Court.

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