Products Liability - Toxic Encephalopathy - Appeal

The Fifth Circuit reversed a $4.5 million jury award for alleged brain damage allegedly caused by plaintiff’s inhalation of fumes from carpet adhesive, holding that no reasonable jury could find that Henry’s adhesive was defective under Louisiana law. The jury’s verdict was the result of the improper and prejudicial trial tactics of plaintiff’s counsel and the unscientific testimony of plaintiff’s expert, who attributed causation to toxic properties of a mistaken chemical not present in the product.

Guilbeau v. W.W. Henry Co., 85 F.3d 1149 (5th Cir. 1996).