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Home / Blog / Mesothelioma Trial Sees Shipyard Face-Off Against Physician Testimony

Mesothelioma Trial Sees Shipyard Face-Off Against Physician Testimony

Published on May 30, 2023
Paul Danziger Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

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.

shipyard workers

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.

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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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