Despite the extensive legal and scientific record, companies accused of causing mesothelioma and asbestos-related deaths aggressively defend themselves against personal injury lawsuits, going so far as to question victims’ cause of death. A recent case filed by Joanne Reulet on behalf of her late husband Kirk demonstrates this, with asbestos companies arguing against the testimony of their own expert witnesses.
Wrongful Death Case Filed After Mesothelioma Claims Welder’s Life
Joanne Reulet filed a wrongful death and survival claim against multiple companies after her husband Kirk died of mesothelioma in 2019. Kirk had spent 45 years working as a welder in a variety of settings, and Joanne’s suit named employers, owners of premises where he had worked, asbestos manufacturers and distributors, and multiple insurers.
In response, many of these defendants argued against the assertion that Mr. Reulet had been diagnosed with and died of mesothelioma, forcing the widow to file a motion for summary judgment to establish that basic fact.
Expert Witnesses for Both Sides Confirm Mesothelioma as Cause of Death
The case was heard in the U.S. District Court for the Middle District of Louisiana, and the judges confirmed that when it comes to a mesothelioma claim, state law does not require the plaintiff to show the defendant’s conduct was the sole or exclusive factor resulting in his injury. Rather, the law requires that the defendant’s action was a “substantial factor”: therefore, if the plaintiff can prove that there is no material dispute that mesothelioma was a “substantial factor” in the decedent’s death, then summary judgment should be granted.
This left it to the widow to prove that her husband had died of mesothelioma, a burden that was straightforward and inarguable. His death certificate listed septic shock, aspiration pneumonia, multi-organ failure, and peritoneal mesothelioma as the cause of death. Both the expert witnesses that she presented and those that the defense presented agreed, though one of the asbestos company widows was less than straightforward in his answer. The widow will be able to move forward with her case.
If you or someone you love has been diagnosed with malignant mesothelioma and you want to pursue legal action against those responsible, you need to be prepared. For information and assistance, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
