Asbestos Glove Manufacture’s Bid to Avoid Court in Mesothelioma Case Fails
Michael Rosen, M.D., Ph.D is a victim of malignant mesothelioma who blames his disease on exposure to asbestos that contaminated gloves and burner pads made by Fisher Scientific Company, which he used throughout his undergraduate and graduate school years, as well as when he worked as a medical technologist during summer breaks. Though Fisher attempted to have the case dismissed based on Dr. Rosen’s inability to cite specific dates when he used the gloves, or to prove that the schools and workplaces he cited actually used Fisher’s gloves, their motion for summary judgment was dismissed and the case will be allowed to proceed.
Physician cites breakdown of asbestos gloves and pads
Dr. Rosen was diagnosed with mesothelioma in May of 2018. He filed a lawsuit against Fisher, accusing them of knowing that their gloves contained asbestos, and further pointing out that the way that they were manufactured meant that they frayed and broke down easily, making the asbestos they contained that much more dangerous.
In their fight against being responsible for Dr. Rosen’s fatal illness, Fisher has provided documentation arguing that the various institutions where Rosen studied and worked had no records of using Fisher Scientific products, and points to his inability to prove otherwise. They also argued that any exposure he might have had was minimal and would not have been enough to cause his illness.
Mesothelioma victim’s expert witnesses say gloves shed large amounts of asbestos particles
Despite Fisher’s assertions that their gloves did not create enough respirable asbestos to have sickened Dr. Rosen, the mesothelioma victim provided reports on asbestos-containing gloves showing that simply by dropping them on a lab bench enough asbestos fibers were released to put people at risk, and that the company’s gloves were fully capable of causing dangerous exposure levels. In his decision on the case, Manuel J. Mendez, JSC, indicated that summary judgment should not be used for cases where conflicting testimony can’t be resolved. He ruled that the case should go to trial, allowing Dr. Rosen to have his day in court.
Mesothelioma victims face numerous challenges, but persistence and resilience allows them to keep moving forward. If you need information on resources to help you with your fight, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.FREE Mesothelioma Packet