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  • Kirk Hartley

BAP1 Mutation Goes to Trial in a Mesothelioma Case; Upcoming Perrin Conference Will Provide Specific

Now in the books is the first mesothelioma trial to squarely put at issue the legal consequences when the mesothelioma victim  inherited a mutated BAP1 gene. The trial arose from the previously noted Holly Ortwein case litigated by the Kazan firm. Mrs. Ortwein was one of four members of her family to suffer from mesothelioma.

 The Ortwein case will be covered in useful detail at Lynnsey Perrrin’s  2016  Cutting-Edge Issues in Asbestos Litigation Conference on March 14 and 15 in Los Angeles. Yours truly is excited to be part of the presentations. The press release below provides further specifics:

“This featured panel, entitled DNA in the Court Room, will present an analysis of the first mesothelioma trial with a BAP1 genetic mutation at issue regarding causation. Trial attorneys involved in the case on both sides of the bar will present their perspectives on key issues and lessons learned.

The Cutting Edge of Science and Medicine

  1. Scientists will present varied perspectives on the role of DNA in civil litigation involving cancer and substances such as asbestos

  2. What ethical, discovery and privacy issues may arise for lawyers and family members involved with genetic information in cancer litigation?

  3. Who were the experts and what did they say?

  4. Identification of some key research in progress regarding BAP1

Arnold R. Brody, Ph.D., Professor Emeritus, Department of Pathology, Tulane University School of Medicine – New Orleans, LA Scott L. Frost, Esq., Waters Kraus & Paul – El Segundo, CA Kirk T. Hartley, Esq., LSP Group LLC – Chicago, IL Len M. van Zyl, Ph.D., ArrayXpress – Raleigh, NC

The Legal Implications

  1. Lawyers from the trial will present perspectives on key issues and lessons learned

  2. Juries, jury instructions and genetic mutations – conflicting theories: the eggshell v. the idiosyncratic plaintiff

Justin Bosl, Esq., Kazan, McClain, Satterley & Greenwood – Oakland, CA Florence A. McClain, Esq., Lewis Brisbois Bisgaard & Smith LLP – San Francisco, CA Lisa L. Oberg, Esq., Dentons US LLP – San Francisco, CA Daniel J. O’Connell, Esq., O’Connell, Tivin, Miller & Burns, LLC – Chicago, IL Chris Panatier, Esq., Simon Greenstone Panatier Bartlett, PC – Dallas, TX

The conference’s carefully designed agenda includes renowned plaintiff and defense attorneys, in-house counsel, insurance professionals, five judges and industry experts. Panel discussions will address emerging trends in litigation, new discoveries, and legal rulings that affect thousands of cases with multi-billion-dollar impacts to the economy.

Additional panel discussions will focus on:

  1. The Top Emerging Trends in 2016 Asbestos Litigation

  2. New York, New York – The Battle in the Big Apple

  3. DNA in The Court Room- The Cutting Edge of Science and Medicine

  4. Golden Times in the Golden State- An Update on the California Litigation

  5. Asbestos Exposure and “Quantified Dose” Standard

  6. Cosmetic Talc: Everything You Need to Know to Ride the Next Asbestos Wave

  7. Daimler: Where Do We Belong and Where Are We Going?

  8. Friction Science: Fact, Fiction and Disparate Use of Science

In addition to exclusive learning, information sharing, and networking opportunities, CLE Accreditation and CE Adjuster Accreditation for this conference will be provided as requested by attendees.”

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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