Mesothelioma Trial Sees Shipyard Face-Off Against Physician Testimony

Frank P. Ragusa spent over forty years working as a crane operator at the Avondale Shipyards, and as a result of asbestos exposure at his work site he was diagnosed with malignant mesothelioma in 2021. The site’s owners are frequently named in victims’ personal injury lawsuits, and Mr. Ragusa included them in his own quest for justice. In response, the company argued that the expert witnesses enlisted to support his case should not be permitted to testify.

Experts Testify About Asbestos Exposure’s Role in Mesothelioma

It is common for mesothelioma victims to enlist the help of expert witnesses who can help a jury understand exactly how asbestos affects the body. It is also common for asbestos companies to argue against this testimony being admitted. Many argue that witnesses rely on an “every exposure” theory that has been debunked and which is frequently forbidden to be used. In Mr. Ragusa’s lawsuit, Avondale Shipyard argued that the two witnesses for Mr. Ragusa had employed that theory and that their testimony should be excluded.

The two witnesses that the mesothelioma victim had enlisted were radiation oncologist Dr. Stephen Terry Kraus and thoracic surgeon Dr. Rodney Landreneau. The shipyard asserted that both men had assumed that “each and every time” that Mr. Ragusa had been exposed, it could have caused his fatal illness. They argued that because the men had not provided a quantitative assessment of his exposure, their testimony should be struck.

Mesothelioma Lawsuit Judge Disagree with Shipyard’s Argument

The judges of the U.S. District Court for the Eastern District of Louisiana reviewed the testimony that the two doctors provided on behalf of the mesothelioma victim. Their careful reading revealed that neither man had relied upon the “every exposure” theory and that they had simply testified that cumulative doses determine whether exposure is significant or not, and that the victim’s exposure was clearly far above what would be considered brief or low level. The testimony will be permitted, and the case will continue moving forward.