Randolph McCabe filed a negligence lawsuit in Hawaii’s First District Court in October of 2022, arguing that 3M’s 8710 model respirator allowed the asbestos in his work environment to enter his lungs and cause his malignant mesothelioma. 3M asked for a blood sample from Mr. McCabe for genetic testing purposes, and the victim’s attorneys objected to their request. The court’s Judge James H. Ashford granted 3M’s motion, a decision that has raised significant concerns in the mesothelioma community.
3M Relies on Controversial Study About Genetics’ Role in Development of Mesothelioma
Mr. McCabe’s mesothelioma lawsuit points to his years of exposure to asbestos when he was a warehouse employee for Acuron and Associated Insulation Company. The 3M 8710 respirators he wore failed to prevent him from developing the asbestos-related disease. In preparation for the trial, 3M filed a motion to compel Mr. McCabe to provide a blood sample for genetic testing. They noted that during pretrial examination he’d said that he’d be willing to submit to the test.
3M’s request for the blood sample is based on a mesothelioma study that many experts question: The study was conducted at the University of Hawaii and argues that a genetic mutation can lead to mesothelioma. They further argue that there is evidence of that mutation in Mr. McCabe’s lung biopsy.
Despite Mesothelioma Victim’s Attorney, Judge Allows Blood Test
In response to 3M’s motion, Mr. McCabe’s mesothelioma attorney argues that 3M’s claim is erroneous and that studies show that less than half of all mesothelioma cases demonstrate the genetic mutation that they are arguing contributes to the illness. They also argued that he had not agreed to genetic testing other than to say that he would be interested in it if it would impact or improve his treatment.
Finally, the mesothelioma victim’s attorney argued that 3M’s request had come too late. Despite this, the court granted the respirator company’s motion and the victim was compelled to submit a blood sample for testing.
If you or someone you love has been diagnosed with malignant mesothelioma, you need guidance from experienced professionals. The Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
