After Brian Joseph Gref was diagnosed with malignant peritoneal mesothelioma in 2020, he filed a personal injury lawsuit against the companies that manufactured and sold the asbestos-contaminated talcum powder he blames for his illness. As the claim has progressed, the companies argued that testimony being offered on behalf of Mr. Gref be barred. Upon review, U.S. Magistrate Judge Valerie Figueredo denied the defendants’ request.
Medical Experts’ Calculations at Issue in Mesothelioma Lawsuit
Following Mr. Gref filing his mesothelioma lawsuit, he was asked to provide reports prepared by his medical experts to the defendants. He did so, and included on the list was a report prepared by Dr. Jacqueline Moline. When the doctor was deposed, she testified that she had not yet conducted asbestos dose calculations specific to the defendants and that she had instead relied on a document prepared prior to the deposition specific to Mr. Gref’s exposure. Before her second deposition, she conducted the dose estimate calculation and provided it at that deposition.
At a later conference, the defendants were also told about an article that Dr. Moline authored and that was published in 2023 that would also be submitted into evidence. Because this submission came after the deadline for evidence, the defendants moved to bar Dr. Moline’s testimony, as well as that being offered by other physicians, though the defendants offered no reason for barring those additional experts.
Judge Rejects Defendants’ Attempt to Bar Testimony in Mesothelioma Claim
In her analysis of the defendants’ request to bar expert witness testimony in Mr. Gref’s mesothelioma claim, the judge agreed with the companies that the submission of information and evidence was both untimely and unjustified, but also noted that it was harmless and did not “merit the extreme sanction of preclusion.” She also noted that the information was disclosed before the close of discovery in the case and that no trial date had yet been set. She denied the request to preclude Dr. Moline’s testimony as well as that of the other three expert witnesses.
If you or someone you love needs information on your legal rights surrounding asbestos exposure, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
