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Gretchen N. Miller is the Co-Chair of the Products Liability & Mass Torts Practice and focuses her practice in toxic tort, product liability, and class action litigation in state and federal courts. She is a trial lawyer with experience, both as first and second chair trial counsel, defending manufacturers against claims of product defect for industrial, automotive, and medical products on a national basis. As national counsel, Gretchen oversees products liability, toxic tort, and commercial litigation nationwide and counsels clients on risk management strategies. She also has wide-ranging experience litigating complex and mass tort litigation, both in the products liability and toxic tort context.

In addition to her litigation practice, Gretchen counsels manufacturers, distributors and retailers regarding product safety issues and regulatory compliance. Her practice includes counseling clients on compliance with federal and state regulations, including regulations enforced by the Consumer Product Safety Commission and the National Highway Traffic Safety Administration, and providing guidance with recalls and recall procedures.

On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a case where a rigorous differential etiology is sufficient to help prove, if not prove altogether both general and specific causation.” C.W. v. Textron, Inc., No. 14-3448 (7th Cir. Aug. 25, 2015). In C.W., the plaintiffs alleged that Textron, which operated a fastener manufacturing plant, released vinyl chloride, contaminating the groundwater in neighboring residential wells, including that of the plaintiffs. Plaintiffs brought claims against Textron for negligence, negligence per se, and negligent infliction of emotional distress, alleging that their two young children were exposed to the vinyl chloride, which caused illness and substantially increased their risk of cancer and other illnesses.

To support their claims, the plaintiffs proffered the testimony of three expert witnesses who opined that the children’s exposure to vinyl chloride caused illnesses and increased their risk of cancer. The United States District Court for the Northern District of Indiana, applying Daubert, excluded the testimony of the three experts, which relied on differential etiology, as not sufficiently reliable because the experts had failed to connect the dots between the available scientific studies and the illnesses endured by the children. In excluding the experts, the court found that their analysis required too great of an analytical gap between the scientific studies cited by the experts and their opinions that exposure to vinyl chloride at the doses and duration present could cause the problems that plaintiffs claim to have experienced or are likely to experience.Continue Reading Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation