The Role of Genetic Testing in Mesothelioma Lawsuits

Mesothelioma is a terminal form of cancer caused by exposure to asbestos. This is a complex condition that is especially troublesome due to the fact that it has a very long latency period, sometimes taking decades to show noticeable symptoms. Many types of tests are used to confirm mesothelioma diagnoses, and many wonder about the role of genetic testing in mesothelioma lawsuits.

Understanding the Role of Genetic Testing in Mesothelioma Lawsuits

The main role of genetic testing in mesothelioma lawsuits is to determine whether an individual who has been diagnosed with mesothelioma carries a genetic predisposition to develop the disease because of genetic mutations. While asbestos exposure is the only known cause of mesothelioma, exposure to asbestos does not guarantee that an individual will definitely develop mesothelioma. These distinctions are where genetic testing can come into play.

It’s possible for defendants in mesothelioma cases to assert that a plaintiff’s disease was the result of genetic predisposition and that someone in a similar situation without the same genetic predisposition would have been unlikely to develop mesothelioma. Conversely, it is also possible for a plaintiff to use genetic testing to prove they do not have such a mutation and, therefore, no genetic predisposition to developing mesothelioma with minimal asbestos exposure.

Roughly 3,000 new cases of mesothelioma are diagnosed in the United States each year, and around 2,500 people die of mesothelioma yearly. Most people are diagnosed many years or even several decades after they have been exposed to asbestos. It’s possible for someone who has been diagnosed with mesothelioma to discover they were exposed years ago while working for a previous employer or because of a specific company’s asbestos-containing products.

When filing a mesothelioma lawsuit, it is crucial for the plaintiff to prove the exact source of their asbestos exposure, and this will be very difficult without an experienced attorney’s help. Additionally, while many of these cases end in favor of the plaintiff and most defendants opt for swift settlement whenever possible, a defendant can fight such a case by claiming that a plaintiff’s genetic predisposition is the more likely cause of their condition.

How an Attorney Can Help

Receiving a mesothelioma diagnosis is a life-changing experience. This is a terminal form of cancer, so the optimal outcome for anyone diagnosed with mesothelioma is to pursue effective cancer treatments, maintain their quality of life as much as possible, and extend their remaining lifespan. Success with a mesothelioma lawsuit can secure the compensation they and their family will need to cover their damages and manage expenses going forward.

The team at Wallace & Graham has extensive experience handling difficult mesothelioma cases for clients in several states, and we are familiar with the tactics that many defendants will use in their attempts to avoid liability for mesothelioma. Ultimately, the role of genetic testing in mesothelioma lawsuits is growing due to both defendants and plaintiffs using genetic tests to support their respective sides of these cases.

Many types of evidence can come into play in a mesothelioma lawsuit. When you choose Wallace & Graham to represent you, trust our firm to help you build the strongest case possible, and this may involve genetic testing. You have limited time to build your case, so it is important that you reach out to an experienced legal representative at your first opportunity following your diagnosis.

FAQs

Q: Can Mesothelioma Be Passed on Genetically?

A: No, mesothelioma cannot be passed on genetically. Asbestos exposure is the only known cause of this disease. However, if an individual carries a mutation in the BAP1 gene, it can predispose them to mesothelioma. This will mean that they will be more likely to develop mesothelioma if they are exposed to asbestos in the future. It is important to acknowledge that asbestos exposure can cause mesothelioma in anyone, even those without this genetic mutation.

Q: How Much Asbestos Exposure Causes Mesothelioma?

A: Any amount of asbestos exposure can potentially cause mesothelioma. There is no safe level of exposure. More exposure will just cause the disease to develop more rapidly. Generally, mesothelioma has a very long latency period. In most cases, it will not show noticeable symptoms for many years or even decades after exposure to asbestos, and by this time, the disease has already reached a critical stage.

Q: Is Mesothelioma Curable?

A: No, mesothelioma is incurable. It is an unfortunately terminal form of lung cancer that can only be managed; it cannot be cured. Early detection and appropriate medical care are crucial for the victim to maintain as much comfort and independence as possible, and most patients who undergo cancer treatment experience positive results. More than 65% of mesothelioma patients who receive chemotherapy live for three or more years.

Q: Is it Possible to Genetically Test for Mesothelioma Vulnerability?

A: Yes, it is possible to genetically test for mesothelioma vulnerability. While a mutation to the BAP1 gene has been identified as a risk factor for increased vulnerability to mesothelioma, there are other genetic mutations that are also indicators for increased risk of other forms of cancer. When it comes to preventing mesothelioma, however, the only effective method is to avoid exposure to asbestos whenever possible.

Q: Should I Hire a Lawyer for a Mesothelioma Case?

A: It’s a good idea to hire a lawyer for a mesothelioma case. These cases are inherently challenging because success will require careful review of extensive documentation and records. The plaintiff will need to prove when and where they were exposed to asbestos in order to hold the appropriate party or parties accountable. An experienced attorney on your side will also increase your chances of maximizing the compensation you obtain.

The attorneys at Wallace & Graham have years of experience representing clients in mesothelioma cases. While the role of genetic testing in mesothelioma lawsuits is minimal due to the fact that this testing can only really identify increased vulnerability from genetic mutation, it is vital to know what you will need to succeed with your case. Contact our firm today to schedule a free consultation if you have questions about your mesothelioma diagnosis.