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Expert Witness in Unsuccessful 'Popcorn Lung' Case Files Appeal of His Own

By Bruce Carton

Via this post on OnPointNews, I came across a case pending in federal court in Spokane, Wash. today that brings several interesting things to the table. 1. The plaintiff, Larry Newkirk, developed a rare lung disease called bronchiolitis obliterans. Newkirk sued Conagra Foods and other defendants claiming that his condition was "popcorn lung" caused by his eating "between five to seven bags of microwave popcorn each day for about 11 years." 2. Newkirk hired an expert witness, Dr. David Egilman, who testified that Newkirk ?within a reasonable degree of medical certainty developed lung disease as a result of inhaling flavors released by microwaved popcorn.? Egilman, an associate professor at Brown University, is said to be the the leading voice for a connection between lung disease in popcorn consumers and diacetyl vapors released by opening a bag of microwave popcorn. 3. U.S. District Judge Rosanna Malouf Peterson was not swayed by Egilman's testimony in the least, granting summary dismissal of the case in favor of defendants and finding that ?[T]here is nothing to support Dr. Egilman?s conclusion that is at the heart of this case: that the vapors emitted from a microwave popcorn bag contain the same proportion of chemicals [as...

Full post as published by Legal Blog Watch on August 09, 2010 (boomark / email).