Navy veteran Arnold Edmonds is pursuing justice from more than 20 asbestos companies following his diagnosis of non-small cell lung carcinoma. In support of his claim, he has enlisted expert witness Dr. David Zhang, a physician specializing in pathology and occupational medicine. Two of the companies moved to block his testimony entirely, but the judge hearing the case only granted two of the defendants’ requests. The rest of the physician’s testimony will be allowed.
Expert Witness Offers Opinions Regarding Navy Veteran’s Asbestos-related Lung Cancer
Mr. Edmonds blames his lung cancer on asbestos exposure he experienced during his service aboard the USS Saratoga between 1962 and 1964. The twenty companies he named in his suit were the manufacturers of asbestos-containing parts and machinery onboard the ship, and he is seeking compensation for negligence and strict product liability. Dr. Zhang provided a six-page report that reviewed Mr. Edmonds’ medical records, discovery responses, work environments in and out of the Navy, and his history of smoking and family history of cancer.
Following a complete analysis of this information, the expert concluded that he had “a history of significant level of asbestos exposure and radiologically documented asbestosis and pleural plaque” and concluded that his lung cancer was “related to asbestos exposure and the cumulative exposures of each asbestos-containing product.”
Asbestos Companies’ Arguments Largely Dismissed
The asbestos companies argued that Dr. Zhang’s testimony in support of the lung cancer victim was inadmissible, calling it irrelevant, unhelpful, and out of compliance with maritime law. They said it relied on the disallowed “cumulative exposure” theory of causation and was not product- or defendant-specific.
In reviewing the arguments from both the lung cancer victim and the asbestos companies, Judge Charlene Edwards Honeywell of the District Court for the Middle District of Florida granted two of the companies’ requests but noted that the physician’s opinions were largely in keeping with what was acceptable under the law and that he could continue as an expert witness on behalf of the victim.
If you or someone you love has been diagnosed with mesothelioma, lung cancer, or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
