A Louisiana federal court has granted a request to keep evidence of collateral source payments out of a mesothelioma wrongful death case against Avondale Shipyard. The decision means that information about insurance, Social Security, Medicare, or other independent income received by the victim’s family is excluded from the trial.
Mesothelioma Victim’s Daughters Seek to Block Insurance Payment Evidence from Jury
Sisters Erica Dandry Constanza and Monica Dandry Hallner filed the wrongful death lawsuit after their father, Michael P. Dandry Jr., died of pleural mesothelioma. Their claim asserts that his illness was caused by exposure to asbestos and asbestos-containing products while an employee at Huntington Ingalls’ Avondale shipyard between June and August of 1971.
Before the trial began, the mesothelioma victim’s daughters filed a motion to keep any questions or comments regarding collateral sources of income or payments—independent compensation including pensions, Social Security disability benefits, insurance benefits, and Medicare — away from the jury. Under Louisiana’s collateral source rule, “an injured plaintiff’s tort recovery may not be reduced because of monies received by the plaintiff from sources independent of the tortfeasor’s procuration or contribution.” The rule is meant to prevent defendants from getting their assigned damages reduced based on outside benefits provided to victims.
Two of the defendants named in the women’s lawsuit, Paramount Global (as successor to Westinghouse) and Avondale, opposed the motion, arguing it was premature and vague and that collateral source evidence is admissible in certain circumstances. They also suggested that this information could be introduced for impeachment purposes.
Court Applies Collateral Source Rule to Mesothelioma Claim
The court analyzed the collateral source rule’s purpose and exceptions in the mesothelioma case. They noted that the Louisiana Supreme Court has recognized exceptions to the collateral source rule, but that in this instance, the defendants had not specified “what collateral source payments they intend to introduce at trial or explained how any collateral source evidence would fall within an exception to the collateral source rule.” As a result, the judges granted the sisters’ motion, excluding “any collateral source evidence to the extent it does not fall within an exception to the collateral source rule.”
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
