Client Alert: Texas Supreme Court: "Dose Matters" in Mesothelioma Cases

Today, the Texas Supreme Court reaffirmed the substantial-factor standard of causation recognized in Borg-Warner Corp. v. Flores, and held that it applies in mesothelioma cases.  The Court made clear that in multiple-exposure cases, the plaintiff must establish the dose of asbestos fibers to which he was exposed by his exposure to the defendant’s product.  The plaintiff cannot prove substantial factor causation without scientifically reliable expert testimony that the plaintiff’s exposure to the defendant’s product more than doubled the plaintiff’s risk of contracting the disease.