Court Rejects Request for Mesothelioma Patient’s Autopsy

A Missouri Circuit Court judge ruled that the defendant in an asbestos lawsuit does not have the right to order the autopsy of the plaintiff, who has malignant mesothelioma.

Courthouse News Service reports that plaintiff Roy Duncan alleges in his lawsuit that asbestos exposure caused his mesothelioma, a fatal lung cancer. Reicchold Inc., one of the companies being sued by Duncan, noted that his condition could cause his death before the trial and asked the court to allow it to conduct a “postmortem biopsy” for preserving 5 grams of Duncan’s lung tissue.

The plaintiff’s attorney had argued that autopsy decisions are up to the family of the deceased and there is no legal precedent for such a request.

Judge Bryan Hattenbach agreed and said that the postmortem biopsy procedure was still an autopsy. Reicchold also failed to specify whom its proposed autopsy order would target and what it would say, according to the judge’s ruling.

If you or someone you know has been diagnosed with mesothelioma after asbestos exposure, call Sokolove Law for free legal consultation regarding a mesothelioma lawsuit.

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