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Home / Blog / Asbestos Companies Use Invasive Legal Strategy Against Mesothelioma Claim

Asbestos Companies Use Invasive Legal Strategy Against Mesothelioma Claim

Published on September 19, 2022
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

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.

Genetic material

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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Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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