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Shapiro & Appleton

Appeals Court Grants Expedited Trial in Mesothelioma Suit

An appeals court in California stated in late November that an expedited trial was needed in an asbestos personal injury law suit. This vacated the order of the lower court rejecting an earlier trial date.

Justice Stuart Pollak wrote the opinion Nov. 26 in the First District Court of Appeal in California.

The plaintiffs filed the petition asking for an extraordinary writ, seeking a trial within 120 days of Oct. 31. They did so referencing Section 36 of the Code of Civil Procedure that mandates trial preference for plaintiffs more than 70 years old who may be in poor health.

The trial now has been scheduled to occur before March 2015.

The claimant developed mesothelioma due to asbestos exposure for many years. His treating doctor believes that the plaintiff has had the condition for at least two years. The doctor stated that the plaintiff’s mesothelioma raises serious medical doubt that he will live beyond March 2015.

The defendants opposed the request stating that there was not any evidence that the claimant was debilitated yet. However, the judge determined that the man has a terminal diagnosis of mesothelioma and is in stage III of the disease.

As mesothelioma personal injury attorneys in Virginia, we know all too well this horrible, terminal lung cancer that has no cure. And we know how important time can be in getting a case such as this one to trial. We have represented many plaintiffs in wrongful death lawsuits due to their long term asbestos exposure that caused them to develop mesothelioma.

For example, we represented two workers who were employed by a large railroad who both died from mesothelioma. Each worker was a conductor and switchman who worked for the railroad for 20 years. We hired key experts in industrial hygiene who showed that these workers were exposed to asbestos routinely in their work. A satisfactory confidential settlement was reached for the surviving families.

 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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