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A Hawaii Court Issues a Controversial Decision in a Recent Mesothelioma Case

Posted by Michael Throneberry | Nov 27, 2023

For purposes of this article, the victim in this case will be referred to as R.M.

In a recent case, a judge issued a decision that raised concerns in the mesothelioma community. In October last year, R.M. filed a negligence claim against 3M, an American company that operates in, among other fields, the field of worker safety. The lawsuit alleges that the defendant's 8710 model respirator allowed R.M. to get exposed to asbestos at his work. Specifically, the lawsuit alleges that the respirator allowed asbestos fibers to enter R.M.'s lungs, which resulted in him developing malignant mesothelioma. Malignant mesothelioma is a kind of cancer that occurs in the mesothelium, the layer of tissue covering most internal organs. After R.M. filed his mesothelioma claim, the defendant asked that he give them a sample of his blood so they could conduct a genetic test. Certain genes are believed to play a role in the development of mesothelioma. The claimant's lawyer objected to the defendant's request, but the judge granted the defendant's motion.

According to the mesothelioma lawsuit, the 3M 8710 respirators that R.M. wore during his employment at an insulation company failed to protect him from asbestos exposure. Asbestos fibers are, to date, the only known cause of mesothelioma. In response to the lawsuit, the defendant filed a motion asking the defendant to give them a blood sample so they could conduct a genetic test. According to 3M, R.M. had earlier said he would be willing to provide a blood sample for genetic testing. The defendant's request that the claimant provide a blood sample for genetic testing is based on a mesothelioma study, which found that a genetic mutation can cause mesothelioma.

Mr. R.M's attorney responded to the defendant's request by arguing that the claim was flawed. The claimant's attorney argued that, according to research, less than 50% of all malignant mesothelioma cases show that genetic mutation contributes to the disease. Mr. R.M's attorney also argued that R.M. had not said he was willing to undergo genetic testing. According to the lawyer, the claimant only said he'd be interested in genetic testing if it would have an effect on or improve his treatment. Additionally, R.M.'s lawyer argued that the defendant's request came late.

Despite all the arguments that were raised, the court approved 3M's request and asked the mesothelioma victim to provide the defendant with the requested blood sample for genetic testing. Now, the only thing that the mesothelioma community can do is wait to see how this case proceeds.

In conclusion, it is important note that defense counsel may argue that genetic mutation is linked to mesothelioma in attempt to deflect responsibility. However, the primary cause of mesothelioma remains asbestos exposure.

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.




About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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