Asbestos Companies Fight to Keep Experts Out of Mesothelioma Trials
When a mesothelioma patient gets diagnosed, they’re asked about previous exposure to asbestos. This is because, in most cases, their disease is a result of negligence on the part of asbestos companies that manufactured or supplied the parts that the individual worked with. When the victim and their loved ones choose to pursue a legal claim against those companies, the success of their case often rests on testimony from expert witnesses. The asbestos companies often fight to have this testimony blocked. An example can be seen in the case of a former aviation electrician that was recently heard in Maine.
Mesothelioma Victim Accuses Companies of Negligence and Failure to Keep Safe
The Maine mesothelioma lawsuit was filed by the family of Victor Coffin. Mr. Coffin had worked as an aviation electrician, as a machinist for the Maine Central Railroad (MCRR), and for the State of Maine over a twenty-year period. The case accused Honeywell International of negligence, failure to warn, and breach of warranty with reference to their products that he worked with, and accused MCRR of failing to provide him with a reasonably safe work environment in violation of the Federal Employer’s Liability Act.
In support of their claim, the family included testimony from several expert witnesses regarding causation, and the defendants moved to have those witnesses barred from testifying on grounds including failure to disclose a causation opinion, methodology, legal insufficiency, and others.
Judge Allows Mesothelioma Expert Witness Testimony
In her ruling on the admissibility of the mesothelioma expert witnesses, District Judge Nancy Torreson of the United States District Court in Maine pointed out that the district court’s role is to “ensure that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand,” and that testimony is admissible and reliable if it is “based on sufficient facts or data.”
She then meticulously enumerated the reasons that the witnesses presented by the mesothelioma family met those standards and that their testimony should be admitted. The case will move forward with the witnesses allowed.
If you or someone you love has been diagnosed with mesothelioma, there are many resources available to help you through the process. For information on how to access these resources, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
Written by Terri Oppenheimer
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