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記事

2018年5月3日

著者:
John Breslin, Legal News Line (USA)

Commentary: Companies to fight lawsuits that allege health damage from asbestos exposure citing studies on other cancer causes

"More aggressive defenses expected in asbestos cases as new information emerges of other cancer causes", 26 Apr 2018

Companies named in asbestos lawsuits may employ more aggressive defenses as information emerges that other factors can cause the particular type of cancer that leads to the costliest settlements and verdicts.  A number of studies have linked mesothelioma to background factors including radiation treatments, other materials with similar properties as asbestos and even a particular gene.  But, it is argued by defense lawyers, firms will remain selective when choosing which meso claims to fight.  "I think that defenses are becoming more aggressive in looking for non-asbestos causation," said Mark Behrens, an attorney..."Those cases that are strongest would be where alleged exposure is very remote..."...Elizabeth Hanke, of KCIC, a business advisory firm, said evidence that mesothelioma is not solely caused by asbestos exposure is very important for all defendants in this type of litigation.  "It is especially important for defendants whose products contained very low levels of asbestos and defendants who have not had an asbestos-containing product on the market for over 40 years," Hanke said...Hanke said she is confident courts will be open to the argument that other factors can be linked to mesothelioma...