A New York judge asked for urgent access to a mesothelioma victim’s tissue sample called the request “particularly egregious” in light of the circumstances of the case and the requestor’s long-time knowledge of the existence of the specimen. In denying the request from Mercedes Benz USA, Justice Adam Silvera of the Supreme Court of New York made clear that he felt the company’s legal motion was “unconvincing and wholly inapplicable.”
Mesothelioma Victim’s Pleurectomy Sample Requested
At issue was a request for a pleurectomy sample taken from mesothelioma victim Almando D. Rodney more than two years ago. Though Mercedes Benz was named as a defendant in Mr. Rodney’s negligence lawsuit when he was first diagnosed, the company only requested the tissue block for their expert witness to examine recently. They said that they needed the sample to establish whether they’d been responsible for his pleural mesothelioma, and did so using a legal process that requires “unusual or unanticipated circumstances.”
In response, Justice Silvera notes that the unanticipated circumstances required for post-Note of Issue discovery were not present, and called the request “particularly egregious given that Mr. Rodney is a living mesothelioma plaintiff, and that defendant MBUSA has been ‘aware of his pleurectomy as early as August of 2021.’” The judge also argued against the company’s assertion that their interest in the tissue sample outweighs the victim’s health interests.
Judge Notes that Providing Mesothelioma Victim’s Tissue Sample Could Cause Harm
Mercedes Benz argued that providing a portion of the mesothelioma victim’s tissue sample would not be invasive or harmful, but his physician argued that was not the case. The doctor said that undergoing another pleurectomy would be harmful to his patient, but would be necessary if the limited amount of tissue requested was provided to the company and then more was needed for Mr. Rodney to qualify for a clinical trial.
The mesothelioma victim’s physician asserted that the lack of adequate tissue sample could exclude him from trials or treatments, and that it would be untenable for him to undergo the surgery again. Justice Silvera ordered the company’s request for the sample denied in its entirety.
If you or someone you love has been diagnosed with malignant mesothelioma, you need powerful voices speaking up on your behalf. To learn how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
