For decades, the risk of malignant mesothelioma posed by exposure to asbestos didn’t stop companies from manufacturing and selling products contaminated with the carcinogen. That has led to negligence lawsuits being filed and multi-million-dollar jury verdicts awarding compensation to victims. In response to these lawsuits, asbestos companies have turned to novel defenses, the latest of which involves seeking genetic material from victims for non-litigation purposes. A California judge has set a date to consider this development.
Protective Order Sought by Mesothelioma Victim
The case involves genetic material and medical data from John C. Lohmann, a mesothelioma victim exposed to asbestos during his 50-year career in refrigeration maintenance. When Mr. Lohmann and his wife filed suit against several companies that they blamed for exposing him to asbestos, the defendants’ expert witnesses attempted to use the medical data used in his claim for non-litigation purposes, without his permission.
While the asbestos companies’ experts are asserting that evidence produced in court has entered the public domain and is not protected by discovery law, the mesothelioma victim is seeking a protective order for his medical data. He argues that the use of his pathology material was never addressed and that the companies are attempting to use his personal data for the benefit of a third-party’s research.
Asbestos Companies Attempt to Use Mesothelioma Data to Fight Victim Claims
While the argument in this case appears to be specific to Mr. Lohmann, the outcome can have far-reaching impacts on other mesothelioma victims. If defense experts are using genetic data to support a theory that mesothelioma is not caused by exposure to asbestos, it could significantly impact the way that juries view victims’ claims in the future. The court has ordered a hearing on the issue to be held at a future date.
In the face of asbestos companies’ aggressive efforts to evade responsibility, it is important for mesothelioma victims to have access to high-level resources. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
