Malignant mesothelioma is caused by exposure to asbestos, and that exposure can come from a wide range of sources. Victims have identified products ranging from brake linings and boiler insulation to artificial snow and baby powder. Last month the U.S. District Court in the Western District of Pennsylvania heard testimony in the case of a former lab technician, Harold Mehnert, who worked for the U.S. Geological Survey at the Denver Federal Center in Denver, Colorado for 36 years. In 2017 he was diagnosed with malignant mesothelioma and he filed a personal injury lawsuit against Fisher Scientific Company, blaming their asbestos-contaminated products he was exposed to on the job for his illness. Though the company moved to dismiss the case, arguing that it did not sell or supply the products Mr. Mehnert testified he used, the court rejected their motion and is allowing the case to move forward, indicating that there is sufficient evidence for a jury to decide upon.
Mesothelioma Victim Points to Use of Multiple Asbestos-Contaminated Products
According to the mesothelioma victim and other witnesses from within his organization, He had been solely responsible for a laboratory that extracted argon gas from samples through induction heating. In order to accomplish this task, he ordered a wide range of laboratory equipment from Fisher and another company, including asbestos paper tape, asbestos cloth, clamps with asbestos sleeves, asbestos gloves and asbestos boards. He recalled ordering through catalogs and using the products from approximately 1964 until 1988.
In response to the testimony, Fisher provided testimony from a corporate representative who claimed that the company had never sold the products, though she also indicated that the company did not retain customer records for more than ten years. Her deposition made small adjustments contradicting Mr. Mehnert’s about the width of tapes, or whether the company’s name was stamped on its products.
Judges Deny Defendant’s Motion in Mesothelioma Lawsuit
Upon review of the depositions submitted in the mesothelioma lawsuit, the court found multiple contradictions in the testimony from Fisher’s representative, while Mr. Mehnert had provided a significant amount of consistent testimony supporting his case and demonstrating his frequent and consistent exposure to the products. The judges concluded that a genuine issue of material fact needs to be determined and that the case should move on to a jury.
If you or someone you love has a history of asbestos exposure and you are diagnosed with malignant mesothelioma, we can help. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
