In the News

By P.J. D'Annunzio (September 21, 2023, 6:03 PM EDT) -- A Pennsylvania federal judge on Thursday granted final approval to a $8 million settlement secured for a proposed class of Bank of Amerca customers who claim they were changed multiple fees for bad checks, including an award of $2,666,666.66 in attorney fees.

A legal team that includes attorneys from Kopelowitz Ostrow PA is asking a Philadelphia federal judge to approve a request for a third of the $8 million settlement secured for a proposed class of Bank of America customers who claim they were charged multiple fees for bad checks.

The plaintiffs leading a proposed class action over hidden fees tacked onto taxi fares told a Pennsylvania federal court that they've cleared the bar for claiming three tech companies were in a "racketeering" conspiracy to extract those fees through automated call buttons at hotels and restaurants.

A Philadelphia labor law firm has been named in a proposed class action in Pennsylvania state court, the second such suit filed this month by clients whose personal information was exposed in a 2021 data breach that the firm did not disclose for 18 months.

With the dismissal of Johnson & Johnson's LTL bankruptcy petition by Chief Judge Michael Kaplan of the US Bankruptcy Court in New Jersey, lawyers representing thousands of ovarian cancer and mesothelioma victims are seeking a swift return to trials in federal and state civil courts.

Current and former TD Bank account holders asked a New Jersey federal judge Monday to give the first OK to a $4.9 million settlement they reached with TD Bank NA claims that the bank opened accounts in customers' names without their permission and seized funds and fees.

A potential class of taxi passengers who were charged a service fee without consent when their cab was hailed through the Curb app, claiming violations of PA and NY's unfair trade practices laws.

Financial Institutions affected by a significant hack at convenience store chain Wawa Inc. have asked a Philadelphia federal judge to approve a $28.5 million deal that would end their negligence claims against the company.

Court approved proposed class action settlement in consumer protection case where settlement was product of arms-length negotiation and would provide adequate relief to the class.

A New Jersey federal judge on Monday gave her initial approval to a proposed class action settlement in which TD Bank NA has agreed to pay $2.25 million to compensate secured credit card holders.

Late-night cookie maker Insomnia Cookies LLC steals tips intended for third-party delivery drivers who fill gaps in the company’s workforce, a driver said in a proposed class action filed in Pennsylvania federal court.

A proposed class of TD Bank NA customers are asking a New Jersey federal judge for initial approval of a $2.2 million settlement, bringing an end to their suit accusing the bank of making false promises about credit card upgrades.

Bank of America has agreed to pay $8 million to end claims it blindsided customers by hitting them with two separate fees in connection with a single bad check. The settlement terms also include a promise from the bank that it will stop charging the fees at issue in the case for five years.

Counsel for plaintiffs with claims pending in New Jersey’s coordinated state court docket for talcum powder claims have notified the court that the bankruptcy court overseeing the Chapter 11 petition by LTL Management has ruled, for now, that an automatic stay does not extend to Johnson & Johnson.

TD Bank fell short in trying to erase class claims that it opened accounts in customers’ names without their permission and seized funds and fees, with a New Jersey federal judge on Monday issuing a novel holding that such conduct may be unlawful under the Electronic Fund Transfer Act.

Cancer patients alleging Johnson & Johnson talcum powder caused their illness have asked a New Jersey state court to bar the personal care products giant from employing a bankruptcy maneuver known in legal circles as the "Texas Two-Step."

TD Bank NA fell short Wednesday in trying to defeat a proposed class action from customers over its allegedly false promises about credit card account upgrades.

A Pennsylvania woman claims Pittsburgh-based Dollar Bank overzealously charges customers $36 "overdraft fees" even when their accounts haven't gone into the red, according to a proposed class action filed in state court Monday.

Dutch medical equipment company Philips is facing a flurry of proposed class actions after recently recalling its sleep apnea breathing machines, which the company says may have exposed users to cancer-causing chemicals from defective foam.

A New Jersey state judge has rejected Johnson & Johnson’s attempt to block the deposition of the company’s former communications director by a group of women who claim the company’s baby powder cause their ovarian cancer.

A Philadelphia-area fertility treatment practice has been hit with a proposed class action in Pennsylvania state court over a data breach last year that purportedly affected the personal information of more than 37,000 patients and placed them at increased risk of identity theft and fraud.

A Bank of America NA account holder has launched a class action in Pennsylvania state court claiming that the bank had a policy of improperly charging customers double the appropriate penalties for writing checks that overdrew their accounts.

A trio of consumers accusing TD Bank of unauthorized account openings have urged a New Jersey federal court to reject the bank’s bid for dismissal of their proposed class action, arguing the bank is improperly pushing its own version of the facts in an effort to beat their case.

Attorneys for policyholders in eight COVID-19 coverage disputes have asked the Third Circuit to consolidate their appeals for argument, saying one combined proceeding will more efficiently resolve unaddressed issues of Pennsylvania law. "This is a serious case that will have a serious impact on whether thousands of small businesses will be able to survive," said Richard Golomb, one of the attorneys representing the policyholders.

The New Jersey Supreme Court has declined to review a lower court’s decision to revive a pair of lawsuits by women alleging Johnson & Johnson talcum powder products caused them to develop ovarian cancer, according to an order made public Friday.

A Pennsylvania federal judge has refused to dismiss a Philadelphia restaurant’s COVID-19 insurance action, finding that while coverage is not available under the terms of the policy, a question of fact exists as to whether there was a “reasonable expectation” of coverage.

A judicial panel on Tuesday centralized in Pennsylvania more than a dozen cases alleging Erie Insurance Group has wrongfully refused to cover businesses' lost income due to COVID-19 stay-at-home orders, making Erie the second insurer to face multidistrict litigation over its rejection of policyholders' claims for pandemic-related losses.

TD Bank NA was hit with a propose class action in New Jersey federal court alleging it engaged in a “bait-and-switch” scheme of luring customers with the promise of upgrading their credit card accounts after 7 months when it usually takes 2 years.

A group of Goddard School franchisees have launched a string of lawsuits in Pennsylvania state court accusing Philadelphia Indemnity Insurance Co. of wrongfully refusing to cover financial losses they've sustained as a result of the ongoing coronavirus pandemic.

The Judicial Panel on Multidistrict Litigation rejected Wednesday two petitions to centralize hundreds of cases filed by businesses seeking insurance coverage for losses during the COVID-19 pandemic, but indicated that centralization could still be appropriate for cases against four insurers

The ruling allows two cases to proceed to trial, and it also ends a multiyear stay on about 800 other suits pending in Atlantic County by other women who claim they developed ovarian cancer from using talc products.

A Pennsylvania federal judge gave preliminary approval to a $7.65 million settlement to end a pair of class actions accusing CardConnect Corp. of concealing charges imposed on merchants.

TD Bank NA was slammed with a proposed class action in New Jersey federal court over the company’s alleged practice of opening accounts without customers’ permission in order to generate bogus fees.

On April 27, U.S. District Judge Freda Wolfson, who is overseeing the talcum powder multidistrict litigation against Johnson & Johnson, found that five plaintiffs' experts, two of whom have testified before Congress on talcum powder safety, could appear before juries. The ruling is the first in which a federal judge has ruled on the scientific evidence in talc trials.

Efforts to coordinate business-interruption lawsuits against insurance firms focus on 16 cases so far filed in federal courts against eight insurance firms, but Richard Golomb, of Golomb Spirt Grunfeld, predicts an “avalanche of cases."

River Twice Restaurant, 1601 E. Passyunk Avenue in Philadelphia, PA 19148, represented by Golomb Spirt Grunfeld ,P.C., filed suit against its insurance company, Admiral Indemnity Company, today seeking a declaratory judgment for coverage of losses stemming from the ongoing coronavirus pandemic.

A Pennsylvania-based metal fabricator that does work for the U.S. military hit its insurer with a suit seeking coverage for being forced to close as a result of COVID-19, arguing the damages are covered under its policy.

A pair of businesses suing for insurance coverage after they were forced to close their doors as a result of the spreading COVID-19 pandemic pressed Monday for a new federal multidistrict litigation program to consolidate the growing number of similar cases sprouting up nationwide.

A Philadelphia restaurant asked a federal judge Friday to declare that orders closing “nonessential” businesses and dine-in services to prevent the spread of the novel coronavirus triggered “civil authority” coverage of lost income under its commercial insurance policy.

The operator of River Twice, a South Philadelphia restaurant, has asked U.S. District Court in Philadelphia to force its insurance carrier to cover financial losses incurred while it is closed due to the coronavirus crisis.

Customers are continuing to file lawsuits against the convenience store chain, Wawa. Golomb Spirt Grunfeld is one of the mentioned law firms that has joined the fight for those affected by this data breach.

Customers of the Royal Bank of Canada's former U.S. retail banking arm asked a Florida federal judge Wednesday to consider the $7.5 million settlement they've reached with the unit's successor-in-interest, PNC Bank NA.

Teva Pharmaceutical Industries, Endo Pharamaceuticals, and Teikoku Pharma have been collectively ordered to pay $70 million to the State of California.

Johnson & Johnson is facing lawsuits from more than 100,000 plaintiffs over its product safety and marketing tactics, has taken the aggressive strategy of battling many of the cases in court. And it is losing. A lot.

Pharmaceutical distributor Rochester Drug C0- Operative, which admitted to unlawful opioid sales earlier this year, argued in Boston federal court Friday that it is reformed and can dutifully serve as a class representative in an antitrust pay-for-delay suit over the sales of ADHD medication Intuniv.

A Pennsylvania appellate court said Tuesday that the widow of a man who died from a leg amputation should get a new trial because the lower court mistakenly allowed two jurors who admitted bias against medical malpractice plaintiffs.

There is an increased concern about the use of talcum powder and the development of cancers such as mesothelioma and ovarian cancers. Women must be aware of the scientifically proven facts about this link to be safe or file for compensation if diagnosed with ovarian cancer.

The bank, the largest credit-card company in the country, sent out email notifications last week to customers alerting them to several "Important Changes to Your Account Terms." Among them was the implementation of binding arbitration, meaning in the event of a dispute, customers "cannot go to court, have a jury trial or initiate or participate in a class action for your dispute(s) with us."

FDA inspections of factories in China and India that made carcinogen-tainted ingredients that forced dozens of recalls of blood pressure drugs in recent months show a history of problems. Drug companies recalled dozens of lots of the front-line blood pressure and heart medications valsartan, losartan and irbesartan – alone or in combination with other drugs – after testing revealed the drugs had cancer-causing impurities in trace amounts.

Members First Federal Credit Union is facing class claims in Pennsylvania state court over its alleged practice of systematically charging overdraft fees on customers even if they have not actually overdrawn.

A doctor has filed a class action in Pennsylvania state court alleging that the self-insured Southeastern Pennsylvania Transportation AuthoritX has a tradition of reimbursing medical benefits to doctors months and years late and without interest for treating patients injured in auto crashes involving the transit authority.

A class action lawsuit filed against the Kubota Tractor Corporation claims that the company uses wiring that attracts rodents.

A federal appeals court has revived a proposed class action by New York credit card holders accusing several insurance companies of selling them disability policies endorsed by the late actor Christopher Reeve that were void under state law.

Law360 (March 15, 2018, 9:18 PM EDT) -- The Ninth Circuit on Thursday refused to revive a bank's contention that a California district attorney can't hire Baron & Budd PC and other firms to prosecute allegations of customer deception, ruling for the first time that the government can pay private counsel to pursue civil penalties.

A bank argued Friday that Baron & Budd PC, Carter Wolden Curtis LLP and Golomb Spirt Grunfeld PC couldn't legally prosecute, on behalf of a district attorney, allegations it tricked customers into buying credit card protection plans, prompting a Ninth Circuit panel to note that private individuals prosecute public matters all the time.

The Third Circuit on Wednesday rejected Sunoco Inc.’s bid for review of the court’s split decision refusing to allow the fuel giant to force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations.

Law360, Los Angeles (September 5, 2017, 6:21 PM EDT) -- The Third Circuit issued a split decision Tuesday refusing to let Sunoco Inc. force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying in the published ruling Sunoco wasn’t even part of the card contract. Two of the three judges on the panel agreed that when credit card customer Donald White signed up for a Citigroup Inc. credit card marketed as providing a discount at Sunoco gas stations, he hadn’t agreed to arbitrate disputes against Sunoco, according to the ruling. The credit card contract outlined the relationship between Citi and White, but didn’t even mention Sunoco, the majority wrote.

While Wells Fargo & Co. has lurched from one scandal to another in recent months, a decade long fight over the bank's overdraft practices and efforts to push consumers into arbitration is set to go to oral arguments at the Eleventh Circuit Thursday.

Nearly 250 women have filed suit in New Jersey contending that using baby powder on their genitals caused their ovarian cancer. On Monday, they were given a shot of hope after a Los Angeles jury ordered Johnson & Johnson to pay $417 million to a dying woman who used the company’s talcum powder daily for decades.

Drugmakers Daiichi Sankyo and Forest Laboratories have agreed to a $300 million settlement of multidistrict litigation by users of hypertension drug Benicar who linked their cases of severe diarrhea to use of the drug.

A class of independent eye care providers claims in a federal lawsuit that one of Pennsylvania’s largest vision insurers forces them to steer their patients to buy lenses from a factory owned by the insurer, often at a higher cost.

Three parties have been targeted by a federal class action complaint filed by a group of eye care providers and professionals in the industry.

Hernia mesh issues across the United States are quickly gaining steam.

In early May, the U.S. Supreme Court allowed a lawsuit against banking giant, Wells Fargo, to proceed.

A federal judge in Pennsylvania said Thursday he will let a “take-home toxin” case against a ceramics company move forward, finding that New Jersey law could create a duty of care for a girlfriend or roommate who is exposed to chemicals brought home by a worker.

Congress is in the middle of debating a bill that would reduce consumer rights while tightening the controls on class-action lawsuits.

The litigation regarding the drug Xarelto has been ongoing for several years, with more and more consumers submitting claims for internal bleeding injuries—13,727 claims at present.

TCF National Bank Tricked Customers TCF Bank, based in the state of Minnesota, has been accused by the Consumer Financial Protection Bureau of deceiving customers across the U.S., fooling them into opting-in to exorbitant overdraft fees.

It seems once again consumers are getting fleeced as big banks put more money into their own coffers.

Last week, a Florida federal judge approved a settlement of nearly $15 million to end a consumer class action lawsuit against Shire US Inc., who is accused of paying rival drugmakers to delay selling cheaper versions of ADD drug Adderall.

Attorney Richard Golomb of Philadelphia class action law firm Golomb Spirt Grunfeld, P.C. is lead counsel for a proposed class of thousands of former Arizona inmates accusing Bank of America of charging exorbitant fees to use prepaid debit cards which were issued to them upon their release.

CardConnect Corp, a credit card service provider, is now facing a class action lawsuit in Pennsylvania federal court accusing the company of improperly concealing charges that they later imposed on merchants.

On Monday, a Florida federal judge held that Wells Fargo cannot force unnamed class members into arbitration in five MDLs in which the institution has been accused of charging overdraft fees in a deceptive manner.

JPMorgan Chase & Co. has agreed to pay $2 million to settle a proposed class action lawsuit alleging that the bank inappropriately closed an estimated 55,000 credit card accounts, leaving consumers unable to redeem the reward points they had accumulated.

Nationstar Mortgage Holdings Inc. can’t duck a mortgage insurance class action lawsuit alleging that the company refused to terminate private mortgage insurance (PMI) in accordance with consumers’ mortgage agreements.

The global controversy over the deadly link between ovarian cancer and Johnson & Johnson’s iconic, talcum powder products – Baby Powder and Shower to Shower - today shifts to New Jersey Superior Court in Atlantic City with the start of pre-trial hearings in the first of hundreds of trials.

JP Morgan Chase & Co. recently agreed to pay $446,822 to thousands of former inmates released from federal prison to settle a class action lawsuit.

While Volkswagen is still in the throes of their emissions cheating scandal, it appears another major automaker could be headed in the same direction.

The New Jersey Supreme Court recently ruled that nonmarried couples or roommates who become ill after handling the asbestos-tainted clothing could be awarded the same damages as married couples.

The New Jersey State Supreme Court has unanimously decided that liability for exposure to toxic substances in the workplace may extend beyond an affected employee’s spouse.

U.S. District Judge Paul S. Diamond. Of the Eastern District of Pennsylvania, has denied Sunoco’s request to compel arbitration in a proposed class action lawsuit alleging false advertising of the company’s fuel rewards card benefits.

The state Supreme Court will not review a lower court’s decision to allow a class action lawsuit accusing National Penn Bank of improperly assessing overdraft fees.

Consumers are seeking approval of a nearly $15 million settlement in a class action against Shire US Inc.

Consumers and Shire US Inc. have reached an agreement to settle a case in which the drugmaker was accused of paying rival drugmakers to delay selling less expensive versions of the ADHD drug Adderall.

A group of drug manufacturers including Endo Pharmaceuticals Inc. and AbbVie Inc. are supporting a bid to create a new mass tort program in Pennsylvania state court to consolidate a number of cases alleging that certain testosterone-containing drugs caused strokes and heart attacks.

Trinity County, California’s District Attorney, Eric L. Heryford, has filed three lawsuits against Citigroup, First Premier Bank, and Discover in federal court, alleging the companies of using deception to sell customers credit card protection plans.

A federal judge upheld one woman’s standing to sue Angie’s List, a consumer-review site, for unfair business practices and breach of contract.

Johnson & Johnson, a multinational medical and consumer goods manufacturer, hopes to centralize 103 baby powder suits in multicounty litigation in Atlantic County.

Multinational medical, pharmaceutical, and consumer packaged goods manufacturer Johnson & Johnson is currently facing large-scale litigation in New Jersey. Over 103 lawsuits against the company allege that their baby powder and other talcum powder products caused ovarian cancer when used in the perineal region. The cases are spread across two counties, with the majority in Atlantic County. For practical purposes, the company is bidding to consolidate the cases by transferring them all to the Atlantic County Superior Court, arguing that the similar allegations, geographic dispersement, and large number of parties involved makes this a sensible course of action. Johnson & Johnson “vigorously disputes general causation in this litigation,” maintaining that scientific studies refute the plaintiffs’ claims and denying there is any proven link between their product and ovarian cancer. Golomb Spirt Grunfeld is representing some of the plaintiffs who are filing suit against Johnson & Joh

Consumers of Wells Fargo pushed back when the bank prompted the court to reconsider arguments of deceptive overdraft fees.

The state of Arkansas will receive $7.8 million from Johnson & Johnson to settle claims by the state that J & J illegally marketed the antipsychotic drug, Risperdal.

Plaintiffs won class certification Monday in five cases brought against Wells Fargo Bank NA that have been included in far-reaching multidistrict litigation alleging deceptive practices regarding bank overdraft fees.

After two rounds of mediation and two years of settlement discussions, a judge in Florida has approved a settlement of almost $31.8 million between Capital One Bank NA and nearly 611,000 plaintiffs in multidistrict litigation.

Plaintiffs in a pay-for-delay putative class action against Shire U.S. Inc. over attention deficit hyperactivity disorder drug Adderal XR asked a Florida federal judge to order the company to turn over certain documents, saying the materials aren’t privileged as Shire claims.

In 2012, the state of Hawaii sued seven credit card providers, including Barclays, Capital One, HSBC, Discover, Banks of America, Citi, and Chase, alleging illegal practices involved in the marketing of credit card protection plans.

Recently, a lawsuit has been filed against Angie’s List for providing inaccurate information.

Recently, Staywell Research, a company based in California that owns and operates Medicus Research LLC, is being sued for violating state laws by failing to provide compensation to participants of a medical study. In addition, the company is being sued for committing fraud.

On Wednesday, Angie’s List Inc. was met with a class action lawsuit which stated that the review site deceitfully convinces local service providers and their companies to pay fees in order to gain access to ratings, search rankings, and reviews which are unfiltered.

In Florida federal court, on Wednesday, a lawsuit was brought against Capital One Bank after the bank was caught processing transactions in a manner that would allow the bank to net the greatest amount in overdraft fees.

On August 4, 2014, Attorney General David M. Louie announced that settlements totaling approximately $11.3 million have been reached by the state of Hawaii against JP Morgan Chase, Bank of America, Citibank, and Discover Financial Services.

According to Law 360 New York, TD Bank NA is facing a proposed class action lawsuit in PA Federal Court.

Philadelphia-based class action law firm Golomb Spirt Grunfeld, P.C. has announced that JPMorgan Chase and Discover Financial Services have agreed to pay $13.5 million in a settlement to the states of New Mexico, Mississippi, and Hawaii as reparation for the misleading marketing practices used to sell their credit card payment protection plans.

A judge of the Federal Court has approved a $23.5 million class settlement with HSBC Business Bank in a case in which the bank is alleged to have engaged in deceptive practices in administering its “debt suspension” and “debt cancellation plans.”

Capital One Financial Corp.’s efforts to block state regulators’ lawsuits over payment protection plans marketed to credit card customers has been denied by a federal judge.

On Wednesday, a first enforcement action was filed against Capital One for deceiving over two million credit card consumers.

Recently, a multidistrict litigation class action case was settled by a federal trial judge.

A putative antitrust class action lawsuit has been filed in Pennsylvania federal court against Merck and Co. Inc. by an Alabama medical provider who has accused the company of lying about the efficacy rate of its mumps vaccination in an effort to prevent competition from marketing their own versions.

Richard Golomb, and Kenneth Grunfeld of Golomb Spirt Grunfeld, P.C. are part of a legal team which has been named a finalist for the Trial Lawyer of the Year Award for 2012.

Hawaii’s attorney general has filed a lawsuit against seven of the largest credit card companies in the U.S., claiming that they are wrongfully charging customers for payment protection plans without their consent.

Today, April 12, 2012, the Hawaii Attorney General David M. Louie filed lawsuits in against seven major credit card companies in the First Circuit Court.

A $23.5M settlement has received preliminary approval from a federal judge in Philadelphia in a class action lawsuit against HSBC Bank, Esslinger v. HSBC Bank Nevada N.A.

Two manufacturers of generic drugs have agreed to settle in a class action lawsuit that claimed that their version of a popularly prescribed antidepressant was therapeutically not as effective as the brand name version.

Trial attorney Richard M. Golomb is set to receive an award for Distinguished Service from the Pennsylvania Association for Justice (PAJ) at its Presidents’ Club Reception in Philadelphia on October 22.

A federal judge has ruled that manufacturers of generic drugs are not shielded from lawsuits by an FDA process that certifies generic versions as the “bioequivalent” of their brand name counterparts.

Judge James Lawrence King of the U.S. District Court has denied motions made by several of the country’s top banks to derail consolidated federal lawsuits in a federal court in Miami.

A consumer class action against Panasonic Corporation and Panasonic Consumer Electronics Company was filed in New Jersey, alleging that the company’s “Viera” plasma televisions made between 2008-2009 did not retain the same image quality as was advertised.

Golomb Spirt Grunfeld, P.C. recently facilitated the settlement of a multi-million-dollar matter on behalf of thousands of investors in Pennsylvania.

Recently, a federal appeals court ruled that a former Raytheon Co. plant worker, Suzanne Genereux, and her family will be allowed to proceed with their lawsuit against three beryllium manufacturers.

Golomb Spirt Grunfeld, P.C. is proud to announce that Richard Golomb, the managing shareholder and founding partner of the firm, was recently elected Secretary of the American Association for Justice (AAJ)—formerly the Association of Trial Lawyers of America (ATLA).

Attorney Richard Golomb recently secured one of the largest awards in the history of Berks County on behalf of his client—who lost both of his legs after having a corn removed from his toe.

Between July and October 2002, a multi-state outbreak of listeriosis affected 54 people, leading to eight deaths and three fetal deaths in pregnant women.

Golomb Spirt Grunfeld, P.C. is proud to announce that Attorney Richard Golomb was recently elected to the Board of Directors of the TLPJ Foundation on July 16, 2006.

Recently, Attorney Richard Golomb represented a man who was wrongfully denied insurance coverage after being struck by his own car.

Attorney Richard Golomb, of Golomb Spirt Grunfeld, P.C., was recently elected to a second three-year term on the Association of Trial Lawyers of America’s (ATLA) board of governors

Judge Anita B. Brody approved a $7.3 million settlement in a class action suit against a national chain of schools for ultrasound medical technicians brought by students who said the programs were a “sham” that failed to meet even minimal standards.

One person has sued and class action litigation has been planned after numerous individuals were diagnosed with beryllium disease just by living in proximity to a Tuckerton processing facility.

On May 15, 1998, college student Daniel Amoroso was killed in a drunk driving accident.

Recently, a federal appeals court ruled that the statute of limitations can be tolled, or paused, in a toxic tort case if the plaintiff’s doctor has offered a definitive diagnosis that excluded the toxin as a cause of their ailments—even if the plaintiff suspected that the toxin was to blame.