Sears: Genetic Predisposition May Be a Defense in Some Mesothelioma Cases
When defending mesothelioma cases, defense attorneys should consider genetics as a viable causation defense, writes Shook Partner Connor Sears. In a commentary article for Mealey's Litigation Report: Asbestos, he discusses emerging scientific literature supporting the proposition that not all mesothelioma cases are tied to asbestos exposure.
In “Genetic Predisposition May Be A Complete Defense In Certain Cases Alleging Asbestos Exposure Caused Mesothelioma,” Sears says reports in the scientific literature indicate that approximately 20% of mesothelioma cases may be related to genetic predisposition. He notes that while plaintiffs’ experts have historically argued that the sole cause of mesothelioma is asbestos exposure, numerous recent medical studies published in peer-reviewed literature show that mesothelioma can occur in the absence of asbestos exposure and that genetic predisposition alone is causative of mesothelioma. He says that having the results of whole genome sequencing is helpful when determining if a case has a viable genetics defense.
“The evolving scientific literature supports the position that genetic predisposition—particularly germline mutations such as BAP1—can be a complete and independent cause of mesothelioma,” Sears writes. “Defense counsel should consider genetic testing and expert analysis as part of a comprehensive causation defense.”
Read the article in Mealey’s Litigation Report: Asbestos >>
In “Genetic Predisposition May Be A Complete Defense In Certain Cases Alleging Asbestos Exposure Caused Mesothelioma,” Sears says reports in the scientific literature indicate that approximately 20% of mesothelioma cases may be related to genetic predisposition. He notes that while plaintiffs’ experts have historically argued that the sole cause of mesothelioma is asbestos exposure, numerous recent medical studies published in peer-reviewed literature show that mesothelioma can occur in the absence of asbestos exposure and that genetic predisposition alone is causative of mesothelioma. He says that having the results of whole genome sequencing is helpful when determining if a case has a viable genetics defense.
“The evolving scientific literature supports the position that genetic predisposition—particularly germline mutations such as BAP1—can be a complete and independent cause of mesothelioma,” Sears writes. “Defense counsel should consider genetic testing and expert analysis as part of a comprehensive causation defense.”
Read the article in Mealey’s Litigation Report: Asbestos >>
