By Sarah Mirando  |  September 18, 2012

Category: Pharmaceuticals
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Asbestos Mesothelioma Lawsuit Defendant Can’t Force Autopsy, Judge Rules

By John Curran

 

asbestos worker mesotheliomaReichhold, Inc. is facing an mesothelioma asbestos lawsuit by a Missouri resident who claims the company’s products exposed him to asbestos and caused him to develop mesothelioma. While the risk of developing mesothelioma from asbestos products is well known, the tactic employed by the Defendants in this asbestos mesothelioma lawsuit is fairly novel.

Plaintiff Roy Duncan’s mesothelioma lawsuit attorneys say that Reichhold products were to blame for his cancer diagnosis. The defense made a request of the circuit court judge that they be allowed to have a medical expert biopsy five grams of Mr. Duncan’s tissue if he died before the end of the mesothelioma lawsuit trial. No mention was made of what the biopsy would show, or the likelihood of evidence that would potentially sway jurors.

The odd request was denied by the judge on several grounds. One, it creates an undue burden on Duncan, who has the right to privacy in turning over his body for the sake of a mesothelioma lawsuit attorney’s request. In addition, the action is unprecedented and would not necessarily provide any useful information about the mesothelioma asbestos side effects and their cause, the judge ruled.

The precedent could become a national one, which may help asbestos worker lawsuit attorneys. The team for Duncan already argued that the ploy was a “red herring,” and that it would be an invasion of privacy and also illegal for the request to be completed by anyone with the right to prepare the Plaintiff’s body for burial.

While mesothelioma is probably the most damaging side effect of asbestos exposure, there are other asbestos exposure side effects that may affect former construction workers and other employees. Asbestosis is a lung disease that can have side effects similar to emphysema such as severe breathing difficulties. Patients who suffer from asbestosis side effects like these often eventually develop mesothelioma.

If you or someone you know has developed mesothelioma or similar asbestos side effects, time may be running out on helping your family before it’s too late. Qualified mesothelioma class action lawsuit attorneys have been reviewing legal options for people like you for years. To get a free consultation, visit our Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation and fill out the short form. Your no-cost discussion allows you and your family to learn whether or not a mesothelioma lawsuit, asbestos lawsuit, asbestos class action lawsuit or mesothelioma class action lawsuit is right for you. Don’t delay. Get your free review today.

 

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Updated September 18th, 2012

 

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