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ALS Toluene Case

Related Lawyers: James Gotz
Related Practice Areas: Mass Torts and Public Health Threats

Hausfeld Partner James Gotz, while at his prior firm, successfully led the prosecution of a wrongful death case alleging that a college head football coach was exposed to neurotoxic levels of Toluene (used to resurface the college gym floor) which led to the early onset and accelerated (and fatal) course of the coach’s ALS. 

Despite the fact that causation was not widely recognized, James presented several highly qualified experts who demonstrated that the causation evidence was sufficiently reliable, and after a full evidentiary hearing, persuaded a Federal Court judge to allow the science to be presented to a jury.  The case settled shortly after the favorable Daubert decision (Allen v. Martin Surfacing, 263 F.R.D. 47 (D. Mass. 2009)).