Successful Defense of 3M in Major Products Liability Lawsuit

A Hodgson Russ team led by Hugh M. Russ, III successfully defended Fortune 500 company 3M in a longstanding product liability suit. The plaintiff alleged that, beginning in the 1970s through the 90s, she was exposed to toxic fumes emitted by a 3M 400C microfilm reader printer that caused her a host of neurological problems, including peripheral neuropathy. She claimed the machine’s activator solution and treated paper contained styrene monomer as well as 1,2 and 1,3 butadiene as “impurities” and/or the byproducts of heating the solution and paper. At trial, Mr. Russ was able to exclude the testimony of one plaintiff’s expert and to discredit the testimony of another. At the conclusion of the trial, the jury returned a unanimous verdict in favor of 3M, thereby rejecting the plaintiff’s strict products liability, failure to warn, breach of warranty, and negligence causes of action.