A malignant mesothelioma lawsuit generally focuses on the victim’s exposure to asbestos and the defendant’s negligence in allowing it to happen, or failing to warn of the mineral’s dangers. Asbestos company strategies vary, with many working to have expert witness testimony blocked on the grounds that it goes too far in its assessment of asbestos’ potency or risk. In a recent case, a shipyard moved to exclude testimony from two physicians, but the court denied their request.
Mesothelioma Victim Exposed to Asbestos in Shipyards
The mesothelioma lawsuit was filed by Frank P. Ragusa, who worked as a crane operator at the Avondale Shipyards for more than four decades. Diagnosed with mesothelioma in June of 2021, he enlisted expert testimony from radiation oncologist Dr. Stephen Terry Kraus and thoracic surgeon Dr. Rodney Landreneau. The shipyard filed a motion to exclude both men’s testimony.
The reasoning provided by the shipyard’s attorneys referenced the physicians’ previous deposition testimony regarding asbestos’ role in the development of mesothelioma. They said that both men relied on either a “no safe level of exposure” or “every exposure” theory and that these were inadmissible based on previous court rulings. Their motion argued that “the doctors’ expert reports do not rely on a quantitative or qualitative assessment and instead simply assume that each and every exposure to asbestos is above background and thus is a cause of the plaintiff’s mesothelioma.”
Court Finds That Experts Did Not Adopt “Every Exposure Theory” to Mesothelioma
Despite the shipyard’s attorney’s assertion, the judges of the U.S. District Court for the Eastern District of Louisiana found that the physicians did not adopt an “every exposure” theory. They wrote that Dr. Kraus noted that cumulative doses determine “what is a significant exposure for an individual” and that Dr. Landreneau clearly testified that the victim’s exposure had far exceeded the durations that could be defined as brief or low level. The victim’s expert witness’ testimony will be used.
If you or someone you love has been diagnosed with malignant mesothelioma, the path to justice can have many twists and turns. For help navigating these challenges, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
