Did Defense Lawyer Tactics Kill An Asbestos Victim?

Mesothelioma is a horrible, deadly cancer caused by exposure to asbestos. An article in today's LA Times
asks the question whether asbestos defendants' insistence that an asbestos victim sit for 25 hours of depositions ended up killing him. Here's an excerpt:

John Johnson died three months ago, his body racked with malignant mesothelioma, a disease that's almost always caused by asbestos exposure. The Marine veteran had sued dozens of companies he believed shared responsibility for his condition, but he never got his day in court. Here's the horrific question now: Did asbestos industry lawyers deliberately drive Johnson to his death by putting him through a brutal series of depositions so their clients would save money? That's what his family, his doctor and his lawyers assert. Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old's health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.

Of course, as the defense lawyer quoted in the article says, defendants are going to want the opportunity to ask the plaintiff questions. But 25 hours? In federal court, the presumption is that a deposition should last no more than one 7-hour day.

Comments

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[Ron Miller]

I love what Public Citizen stands for. But isn't this way over the top? I like a little evidence for intent on a accusation so extreme.

[Atrium Legal - Asbestos Compensation]

The family Mr Johnson will still be able to continue the case in his name and earn him justice. This obviously won't bring him back though.
If it discovered that he was wrongly and this caused his death, the defence lawyers would face heavy legal action.

[gaganvirk]

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A doctor who was charged in connection with the Miami-Dade home health care agencies ABC Home Health Care and Florida Home Health Providers has been found not guilty. If convicted of Medicare fraud, the man could have been sentenced to 15 years in prison.

[Stanley Iola, LLP]

Regarding your title to this post, the defense lawyer tactics were not responsible for Mr. Johnson’s death, but those tactics certainly prevented him from proper compensation for the asbestos exposure that was responsible. While another commenter says that Johnson’s family will still be able to continue the case to earn him justice, his attorney notes in the article that his death reduced the potential recovery by as much as 70 percent. In addition to possibly changing the way asbestos claims are handled, this case should also cause the state of California to amend its wrongful death statute for claimants like Mr. Johnson.

[Nadrich and Cohen]

I feel this is a poor accusation towards lawyers. Has anyone looked into the medical institute where he got treatment? Surely this post is false!

[Tom Henry]

I like the essay. I Hope that his family would continue to find him justice.

[Toronto Slip and Fall Lawyer]

Mesothelioma is a horrible, deadly cancer caused by exposure to asbestos.

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Mesothelioma is a horrible, deadly cancer caused by exposure to asbestos. An article…excerpt: John Johnson died three months ago, his body racked with malignant mesothelioma , a disease that's almost always caused by asbestos exposure.

[asbestos removal Toronto]

Red Tape tips the scales of Justice out of balance and may have hastened the death of one asbestos victim. Delay tactics are one of the most popular strategic maneuvers used by asbestos defense attorneys today.

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