Pennsylvania courts have long allowed expert testimony on the “each and every breath” theory of asbestos causation. Under this theory, experts have been allowed to opine that “each and every breath of asbestos is a substantial contributing factor in the causation of any asbestos disease.” Philadelphia trial court judge Allan Tereshko has just rejected this theory. In the case of In re Asbestos Litigation, Certain Asbestos Friction Cases Involving Chrysler, Judge Tereshko was asked to rule on the admissibility of plaintiffs’ experts who subscribed to the “each and every breath” theory. After conducting a Frye hearing, Judge Tereshko ruled that the experts’ methodologies underlying their “each and every breath” testimony was so flawed that the experts’ testimony had to be excluded.
