Judge Throws Out Mesothelioma Verdict Over Expert Witness Misconduct

For purposes of this article, the mesothelioma victim in this case will be referred to as V.C.

In a recent court ruling, a Louisiana judge ordered a new trial in a mesothelioma lawsuit against Colgate-Palmolive. This decision came after the witness unexpectedly introduced what the judge termed an entirely improper, unsolicited, new opinion that had not been presented during the trial, influencing the jury’s verdict in favor of the defendant. The attorneys for the victim’s family also argued that the expert witness had sabotaged the case, requesting the company to cover at least $150,000 in costs for the abandoned trial.

The case revolved around V.C., who developed mesothelioma after using Colgate-Palmolive’s Cashmere Bouquet talcum product. Her family sued the company, alleging that the product contained asbestos, which led to her illness. Similar lawsuits have been filed against consumer product manufacturers for failing to warn the public about asbestos contamination in talc-based products. While many of these cases have resulted in significant compensation for victims, in this case, Colgate-Palmolive defended itself by calling Dr. Richard Attanoos, a pathologist from Wales, as an expert witness.

Dr. Attanoos made a shocking statement on the stand, claiming that V.C.’s father had passed away due to an asbestos-related illness linked to his work in shipyards during World War II. This information had never been disclosed during the trial, expert reports, or depositions and was submitted as the closing testimony from the pathologist. The unexpected claim significantly swayed the jury, resulting in a verdict in favor of the company. Visibly taken aback, the judge admitted that the statement was unsolicited and had never been introduced in court.

Expert witness testimony is crucial in legal cases, including mesothelioma cases. Experts must provide opinions based on evidence disclosed and vetted before trial. Introducing new, undisclosed, or undiscussed information during testimony can unfairly influence the jury and compromise the overall integrity of the case, as it happened in this case. This is why courts have strict rules regarding expert witness disclosures, ensuring that all parties have a fair chance to review and challenge any claims before they are presented to the jury.

While Colgate-Palmolive had suggested that V.C.’s mesothelioma resulted from childhood exposure to asbestos while living near the New Orleans shipyard, her father’s health history or how he died has never been part of the case. The judge openly criticized the testimony, describing it as prejudicial and improper. Despite Colgate’s attorneys defending the jury’s verdict, V.C.’s family argued that the company’s witness had deliberately sabotaged their case. They pointed out that Dr. Attanoos was not only experienced but also knew the impact his words would have on the jury, so his remarks did not just happen accidentally. With the trial now voided, the family is preparing to present their case again, this time hopefully without interference from misleading testimony.

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