Asbestos Companies Use Invasive Legal Strategy Against Mesothelioma Claim
Ever since malignant mesothelioma was found to be caused by exposure to asbestos, people diagnosed with the disease have successfully sued asbestos companies for their failure to warn them about or protect them from exposure. Billions of dollars have been awarded, and the defendants have gotten increasingly creative in their legal strategies. Most recently, some asbestos defendants have attempted to gather genetic material from victims to try to show that they are not at fault for development of their disease. In a case in California, the defendants have gone even further.
Court Asked to Decide on Use of Mesothelioma Victim’s Genetic Material
Many defense lawyers have attempted to blame mesothelioma on the victim’s genetics, and have succeeded in requesting genetic testing of some plaintiffs under specific circumstances. A case pending in the California court system has seen the asbestos company go one step further. They are asking for the victim’s genetic material in order to use in future research.
John C. Lohmann was diagnosed with malignant mesothelioma after working for five decades in refrigeration maintenance. When he and his family filed suit against several companies, the expert witnesses called by the defense requested that they be able to make use of his genetic material that they’d analyzed in advance of their testimony in court. They argued that since the material was presented in court proceedings, that it was now in the public domain and available for their future research.
Mesothelioma Advocates Express Concern Over Medical Data’s Use
As Mr. Lohmann’s family works to protect the privacy of his own medical data, mesothelioma advocates have expressed concern that the use of his genetic material goes far beyond what has previously been seen in asbestos negligence proceedings. Compelled genetic testing has been permitted in certain cases, but the use of a mesothelioma victim’s tissue for research purposes to be used with no specific condition in mind suggests the possibility for abuse, privacy violations, and the questionable linking of genetic predispositions to be used against future plaintiffs.
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