The family of Roseanna Matherne is seeking justice on her behalf following her death from malignant peritoneal mesothelioma. Mrs. Matherne was diagnosed with the disease after years of exposure to asbestos that her husband carried home from his job at Avondale Shipyards. In preparing for litigation, the family noted alarming testimony from one of the shipping company’s expert witnesses and requested a special court session to expedite a further discovery request.
Expert Witness Questions Casts Doubt on Peritoneal Mesothelioma Causation
The issue that led to the Matherne family back to court a month before their February 26th mesothelioma court date was testimony about peritoneal mesothelioma offered by the defendant’s expert witness, Dr. Andrew Ghio. In a report submitted by Dr. Ghio on December 4, 2023, he stated that para-occupational or secondary exposure to asbestos does not increase the risk for peritoneal mesothelioma.
In response, the mesothelioma victim’s family requested that the court allow them a specific type of deposition that would lead to testimony regarding the number and identities of cases filed against the companies by mesothelioma claimants who alleged exposure from work at Avondale, from living with a family member who worked at Avondale, or from environmental exposure at Avondale, and involving claimants with pleural, peritoneal, or some other type of mesothelioma.
Asbestos Company Objects to Providing Evidence Countering Expert Witness’ Controversial Mesothelioma Testimony
The defendants opposed the request and sought a protective order against it, arguing that the special deposition would not be relevant to the issue of medical causation and would involve cases from 35 years of litigation.
In making her decision, Magistrate Judge Donna Phillips Currault of the U.S. District Court of the Eastern District of Louisiana granted in part and denied in part the mesothelioma victim’s family’s request. She decided that the defendants did not need to present a witness for a deposition, but that the company needed to provide the family with a copy of its litigation listing for the applicable period.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
