Some say that change is the predominant theme in asbestos litigation. For 2014, some of the change arrives in the form of at least five mesothelioma cases where the presence or absence of a germline BAP1 mutation is becoming an issue. As it happens, the five cases are scattered around the country: California (3), Missouri, and New York. Thus, 2014 becomes the year mesothelioma litigation undeniably entered the age of precision scientific analysis aimed at a particular person’s genomics, and related molecular characteristics. The five cases are listed in an August 18, 2014 declaration of Ms. Andrea Huston – online here. Ms. Huston is an experienced lawyer with an Oakland based asbestos plaintiff’s firm – Kazan McClain et al.
Ms. Huston’s declaration indicates the five cases are the only known cases in which germline BAP1 issues are known to have emerged. The declaration of course is limited to Ms. Huston’s best knowledge, after some unspecified amount of communication among some members of the asbestos plaintiff’s bar. So, it is of course possible there are germline BAP1 issues emerging in some other cases. The cases identified by Ms. Huston are:
- Ortwein v. CertainTeed Corp., et al., Alameda County Superior Court No. RG13701633
- Perez v. ArvinMeritor, Inc., et al. , Alameda County Superior Court No. RG13689541
- McCarthy v. Baltimore Aircoil Co., et al., Los Angeles County Superior Court No. BC464985
- Bergstrom v. 84 Lumber, et al., Missouri Circuit Court (22nd Cir.) No. 1322-CC09325
- Bernard v. Colgate-Palmolive Co., New York Supreme Ct., New York County, No. 107211/08
More ahead this week and next week on further specifics about the germline BAAP1 issues in these cases.