An Alameda County Judge set a hearing on a motion for protective order in a pending asbestos case in which the plaintiffs sought to prevent the defendants of unapproved genetic testing. In the case of John C. Lohmann and Suzanne L. Lohmann vs. Aaon, Inc., et al., the plaintiffs filed suit in Alameda Superior Court against several defendants alleging that Mr. Lohmann developed mesothelioma as a result of his career working in the refrigeration maintenance field from 1970 to 2021 in California. The defense experts sought to use the plaintiff’s medical data for non-litigation purposes without the plaintiffs’ permission because they believed the information will advance science and no pathologist/associated scientist would ethically agree to limitations. As part of the case, defense counsel moved for discovery of Mr. Lohmann’s original pathology material and subpoenaed the providers. The court ordered production of those materials. The plaintiffs contend that production of pathology and genetic material in litigation does not permit outside, personal research and analysis. Multiple defendants, on the other hand, argue that evidence produced in litigation enters the public domain and is not protected by discovery law.
Continue Reading No Decision on Genetic Testing Dispute in Asbestos Case in Alameda County, California