Henry Barabin says he was exposed to asbestos at his job between 1968 and 1984. He worked for a Crown-Zellerbach paper mill that used asbestos-containing dryer felts. In 2006, doctors told Barabin that he had mesothelioma. He sued his former employer along with with AstenJohnson, Inc and Scapa Dryer Fabrics, Inc. for manufacturing the dryer felts that contained the toxic particles.
The U.S. District Court for the Western District of Washington ruled in Barabin’s favor. He and his wife won a $9 million jury verdict. The companies appealed, and a three-judge panel for a United States Court of Appeals said that because the District Court judge failed to properly vet an “expert witness”, a new trial would be necessary.
A Daubert Hearing
A 1993 case (Daubert v. Merrell Dow Pharm., Inc.) set the precedent for evaluating witnesses who provide expert testimony. The Appeals court said that since the District court never performed a Daubert hearing for an expert that testified on Barabin’s behalf, the trial had to start over.
“Unfortunately, because no Daubert hearing was conducted as requested, the district court failed to assess the scientific methodologies, reasoning, or principles Dr. Cohen applied,” wrote Judge Johnnie B. Rawlinson. “[…] Instead, the court allowed the parties to submit the experts’ unfiltered testimony to the jury.”
This proves how complicated mesothelioma lawsuits can be, and how important it is for your legal team to consider every possible setback that might delay a trial. Mesothelioma victims usually have a year or less to live after their diagnosis. Every moment counts. Contact us if your family member has mesothelioma and you want to explore your options for seeking justice. Our number is 1-888-637-6347. There is no charge for the consultation.
Cappolino Dodd Krebs LLP – mesothelioma lawyers