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Judge Rejects Defendants’ Requests to Consider Expert Witness Testimony Inadmissible in Peritoneal Mesothelioma Case

Posted by Michael Throneberry | May 15, 2024

For purposes of this article, the mesothelioma patient in this case will be referred to as B.J.G., and the doctor will be referred to as Dr. J.M.

In a recent peritoneal mesothelioma case, a judge denied a request to bar expert witness testimony. The claimant in the case, B.J.G., was diagnosed with mesothelioma in 2020. Peritoneal mesothelioma affects the membrane that lines the abdominal cavity and organs like the liver and intestines. This illness is caused by asbestos exposure. The other types of mesothelioma that occur after asbestos exposure are pleural mesothelioma (the most common), pericardial mesothelioma, and testicular mesothelioma (the rarest). After developing peritoneal mesothelioma, BJ.G. filed a personal injury lawsuit against the parties that made the asbestos-containing talcum powder he blamed for his illness. At some point in the case, the defendants tried to prevent certain expert witness testimony from being presented in court. 

After B.J.G. filed his mesothelioma lawsuit, he was required to present reports from his medical experts. The claimant presented the reports, including a report prepared by Dr. J.M. When the expert witness's testimony was taken, she admitted that she had not conducted asbestos dose calculations specific to the companies named as defendants. Instead, the expert witness relied on a document that had been prepared before the deposition specific to the claimant's exposure. However, before Dr. J.M.'s second deposition, she did the calculations and provided the results at the second deposition.

Later, the defendants learned that an article the expert witness had published in 2023 was also going to be allowed as evidence. Since the submission of the evidence happened after the deadline for submitting evidence, the defendants petitioned the court to block the expert witness's testimony. The defendants also asked the court not to allow other physicians' testimonies to be admitted in court as evidence. They did not give a reason for not wanting the additional testimonies to be allowed as evidence.

Despite the defendants' objections, the judge ruled against their request to bar the expert witness testimony. The judge acknowledged that the defendants were right when they argued that the evidence and information were untimely and unjustified. However, according to the judge, these issues did not warrant the harsh decision of excluding the information and testimony from the case. The judge ruled that the late submissions were harmless. Additionally, the judge noted that the information was disclosed before the discovery phase concluded, and the court had yet to set a trial date.

With this decision, the claimant now has the chance to present the expert testimonies during the trial. Expert witness testimony plays a crucial role in mesothelioma cases. Expert witnesses can help establish causation and liability. Medical experts help to clarify the link between asbestos exposure and the development of mesothelioma.

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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