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Philadelphia Jury Returns Defense Verdict In Non-Occupational Asbestos Exposure Case
02/12/07
Contact
John C. McMeekin or Kevin E. Hexstall
(215) 575-4200
Rawle & Henderson LLP is pleased to report that John C. McMeekin II and Kevin Hexstall won a hotly contested defense verdict in favor of Honeywell International, Inc. in the matter of The Estate of Allen Stafford v. Honeywell International, Inc. on February 12, 2007. The trial had begun on February 1, 2007 before the Honorable Myrna Field in Philadelphia County and involved testimony from some of the worlds leading experts on the diagnosis of asbestos diseases and the use of immunohistochemical tumor markers to make a differential pathologic diagnosis. After a week long trial the jury returned a unanimous verdict in favor of Honeywell International, Inc. after deliberating for approximately three hours total over two days. The Stafford Estate alleged that decedent contracted peritoneal mesothelioma as a result of non-occupational exposure to asbestos while changing brakes on his own and family members vehicles for over 30 years ending in 1983. In support of Plaintiff's case, the estate offered the testimony of the diagnosing pathologist and the death certificate attesting to peritoneal mesothelioma as the cause of death. John and Kevin successfully argued that the diagnosis of peritoneal mesothelioma was a misdiagnosis and that, based on a review of immunohistochemical staining of the tumor tissue the tumor markers favored a diagnosis of metastatic adenocarcinoma, most likely renal cell carcinoma. The client is very pleased with the jury's finding on medical causation and believes that they came to the correct conclusion in this matter.
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