On August 4, 2017, mesothelioma attorneys from Levy Konigsberg (“LK”) won an important legal ruling in federal court in New Jersey. The firm represents the estate of Mr. Gerald Hoffeditz who worked as a mechanic and heavy equipment repairman on military trucks. These vehicles needed everything from transmissions to brake part repairs. Unfortunately, all these large vehicles at the Letterkenny Army Depot where he began working in 1968 also contained asbestos. Defendants, in this case, include AM General LLC, Cummins Inc., Ford Motor Company, and Honeywell, Inc.
As our firm has seen in many other cases, these repeated asbestos exposures from vehicle repair ultimately manifested into Mr. Hoffeditz’s mesothelioma diagnosis in 2008. Mr. Hoffeditz passed away after suffering from asbestos-caused cancer. His widow continued to pursue her claims against the various responsible parties and hired the LK’s experienced asbestos lawyers to represent her in her legal case.
At issue in LK’s latest victory, in this case, was the permissibility of important expert testimony of Dr. Moline—a physician with expert qualifications in the fields of Occupational and Environmental Medicine and much more. Levy Konigsberg uses highly qualified scientific and medical experts in the mesothelioma cases we handle, and retaining Dr. Moline to provide her expert opinions was certainly no exception as she has evaluated hundreds of cases involving asbestos and mesothelioma and has a high degree of expertise in drawing the necessary connections between the type and extent of Mr. Hoffeditz’s exposure and his meso diagnosis. Dr. Moline has researched the relevant scientific and medical literature, authored relevant articles herself, and obtained real-world experience in evaluating patients with mesothelioma in a hospital setting.
The “Daubert” test (named after a well-known case) is the federal legal standard for determining whether an expert will be permitted to testify on a specific matter. In essence, it looks to whether the expert possesses specialized expertise whose testimony will help the trier of fact (the judge or jury) reach a verdict. In LK’s important victory in obtaining this legal ruling, the defendants attempted to question the admissibility of Dr. Moline’s expert testimony by claiming that she did not pass the Daubert test. On August 4, 2017, in a detailed opinion, the federal court rejected the defendant’s attempts to exclude Dr. Moline’s testimony and ruled in favor of LK’s attorneys who presented Dr. Moline’s testimony and legal arguments to the Court.
Whether you recently received a mesothelioma diagnosis or a loved one is dealing with serious cancer and have worked in the automotive industry, the risk is real and you have legal options. Like so many industries that used asbestos and knowingly exposed their workers to this cancer-causing material in pursuit of profit over health, you can collect much-needed funds to help with your medical needs, emotional loss, and much more. In addition to automotive workers being at high risk for asbestos exposure, their family members were also at increased risk, as small asbestos fibers get trapped in clothing and when worn home infiltrates the air and is breathed in by loved ones. For this reason, it is not uncommon for the spouse or children of an automotive worker, to be put at risk for mesothelioma or other asbestos-related cancers.
Levy Konigsberg can help. We have helped clients that worked in the automotive and other industries maximize their recovery and hold these companies accountable for their actions. Time is of the essence when it comes to meeting important filing deadlines so do not hesitate to get in touch with us today by calling us, having a live chat, or submitting a web form today.