NEW YORK, New York, August 18, 2011 – Today, the New York Appellate Division, First Department, announced two decisions which will greatly influence the pre-trial process for two mesothelioma clients of Levy Konigsberg LLP (“LK”), a national leader in asbestos litigation, and could also beneficially impact future lawsuits brought by asbestos victims and their families in the State of New York.
The Court ruled that, as a matter of law, the defendant, Colgate-Palmolive Co., was not entitled to question the LK mesothelioma clients’ treating physicians under oath. As the Court explained, this process, called a deposition, was not necessary since the defendants already possessed other means of obtaining the information they were looking for.
The Court further noted that the defendant was not entitled to take the deposition of another treating doctor regarding a specific notation in her records, since the information the defendant sought “is available from another source.”
“These decisions mark two hard-earned victories for these specific clients, as well as for all our clients in New York whose doctors become the target of unnecessary and time-consuming trial tactics by defendants,” said the LK attorney who argued the motions before the Appellate Division.
Asbestos victims often consult many different physicians during the course of their treatments. These physicians then note their medical observations and opinions in each patient’s medical records. Defendants then sometimes try to question these physicians individually under oath about the information contained in these records, a process that could slow an asbestos victim’s case as well as force doctors away from patients who need them.
“By asking the Court to stop defendants from questioning these doctors about information already contained in their reports or available from other sources, LK has saved these two clients time and case-related expenses,” according to partner Robert Komitor.
In a related decision, the Appellate Division ruled that one LK client’s doctors could be asked questions about how they diagnosed mesothelioma in their patient.
For over a quarter of a century, mesothelioma lawyers at Levy Konigsberg LLP have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Konigsberg LLP at 800-315-3806 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
ATTENTION: Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.
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