For purposes of this post, the mesothelioma victim in this case will be referred to as M.D. Jr.
In a recent ruling, a Louisiana federal judge sided with the daughters of a mesothelioma victim in their wrongful death lawsuit against Avondale Shipyard. The court agreed to keep evidence about collateral source payments like insurance benefits, Social Security, Medicare, pensions, and other outside income out of the trial. So, the jury will not hear anything about the independent compensation the family received. This is a significant win for the family because it prevents the defendants from minimizing their responsibility.
Losing a parent to mesothelioma and then facing the people responsible in court is an overwhelming position to be in. Our nationwide mesothelioma lawyers walk families through that process with steady, individual attention. Attorney Michael Throneberry knows the loss personally, because his own father-in-law died of this disease, and that experience is why our firm treats every family the way we would want ours to be treated.
The two sisters filed the lawsuit after losing their father, M.D. Jr, to pleural mesothelioma. According to the lawsuit, the father’s illness was caused by exposure to asbestos while he worked at Huntington Ingalls’ Avondale Shipyard in the summer of 1971. Mesothelioma is an aggressive, rare kind of cancer that’s almost always linked to asbestos exposure. Usually, it takes years, sometimes decades, after the initial contact for people to be diagnosed with this illness. By the time symptoms appear, it is often too late. Determining exactly where exposure happened can be tricky, but the family points to his shipyard job as the source. The CDC’s Agency for Toxic Substances and Disease Registry explains how asbestos exposure causes mesothelioma and other diseases years after the contact occurs.
Before the trial, the sisters asked the court to exclude any questions or comments regarding collateral source income from the case. This includes independent compensation such as insurance payments, Social Security benefits, disability compensation, Medicare, and even pensions. Louisiana’s collateral source rule states that a plaintiff’s damages should not be reduced just because they got money from sources independent of the defendant’s contribution. This rule prevents defendants from getting a discount on damages because the victim had insurance or got government benefits. If the rule did not exist, the responsible party could end up paying less just because the victim made smart financial choices. This rule is one of many that shape the value of a mesothelioma wrongful death claim.
Paramount Global and Avondale fought back against the motion. They claimed it was vague and filed too soon. They argued that collateral source evidence should be allowed in some cases. Additionally, they suggested that this information could be introduced for impeachment purposes if a witness’s credibility is questioned. But they never really explained which payments they wanted to bring up or how those payments fit into any exceptions to the rule. Cases like this show why families benefit from working with an experienced mesothelioma legal team.
The judge took a close look at the collateral source rule and its exceptions. While Louisiana does allow a few exceptions, the defendants didn’t specify what evidence they wanted to use or why it would qualify. Because of that, the court granted the sisters’ motion. That means only evidence that clearly meets an exception to the rule might make it in. For now, the jury will focus solely on whether the defendants are liable, without being influenced by the other benefits the family received. Surviving family members can still pursue compensation for a loved one’s mesothelioma even after the victim has passed.
Nationwide Mesothelioma Lawyers at Throneberry Law Group
Keeping collateral source payments out of a trial helps make sure a defendant pays the full measure of the harm it caused. If your family is pursuing a mesothelioma claim, or weighing whether to file one, Throneberry Law Group can explain how rules like these protect the value of your case.
Our firm helps clients in courts across the country, offers support for Spanish-speaking families, and keeps each case in the hands of attorneys who know it well. You can meet with us at our Phoenix, Kansas City, or Chicago offices, and there is no fee to learn where you stand. When you are ready to tell us about your loved one’s exposure, send us a message through our contact form.
