toxic tort

Asbestos defense attorneys have attempted to introduce evidence that individuals who carry a genetic mutation, called BAP1, are susceptible to developing mesothelioma. In this case, Plaintiff was allegedly exposed to asbestos by her husband who worked at a location that was situated within a few miles of a garbage dump where it is contended defendant has over many years dumped asbestos containing refuse and debris. Plaintiff had close relatives who also contracted mesothelioma, a rare disease. Defendant, relying in large part upon opinions set forth by a scientist retained by defendant, sought to compel the production of a sample of Plaintiff’s lung tissue to test for the BAP1 genetic mutation. Plaintiffs objected citing their constitutional right to privacy among other objections, including relevancy. They also vigorously attacked the BAP1 defense as inadmissible “junk science”. While the matter was under submission, Plaintiff passed away and the issue then became whether her heirs could assert their own constitutional right to privacy.