Nevada high court upholds dismissal of Fallon ‘leukemia cluster’ lawsuit

CARSON CITY — The Nevada Supreme Court has upheld the dismissal of a lawsuit against a Fallon-area company that was alleged to have been responsible for a leukemia cluster that affected 16 children between 1997 and 2002.

The lawsuit was brought against Kennametal by the parents and guardians of Adam Jernee and Stephanie Sands, both of whom died in 2001 from complications related to acute lymphoblastic leukemia. Kennametal is a metal fabricating company.

The families claimed emissions of tungsten carbide with cobalt from the company caused what became known as the Fallon leukemia cluster.

But in the case brought in Washoe County District Court, the expert testimony of a witness on behalf of the families was excluded on the grounds that his opinion was not reliable.

Because the families then lacked an expert to prove specific causation, the court rejected the case in favor of Kennametal. General causation requires proof that the substance in question is capable of causing the alleged injury.

The families appealed the dismissal.

On appeal, the Supreme Court said the district court did not err by excluding the testimony of the expert witness for the families.

The district court found that the witness, Dr. Steven Pike, had no specialization in childhood leukemia, any form of cancer, or the causes of cancer.

“Indeed, Dr. Pike had never before diagnosed the cause of a patient’s leukemia,” the Supreme Court said.

The district court also found that Pike’s opinion was not supported by the scientific community.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801