The family of a former Marine who died three months ago from mesothelioma cancer has alleged that lawyers for the asbestos industry may have deliberately hastened his death through hours of testimony, the Los Angeles Times
has reported. John Johnson died on January 25, 2012, just one day after
he collapsed 40 minutes after the final deposition in his case.
Johnson worked as a carpenter, mechanic and plumber over a thirty year period, and was also a veteran of the U.S. Marine Corps. After being diagnosed with mesothelioma—a deadly cancer caused by asbestos exposure—Johnson and his wife filed a lawsuit in California against 44 asbestos manufacturers that he alleged were responsible for his asbestos exposure.
According to the Los Angeles Times report, lawyers for the asbestos companies conducted depositions on Johnson far in excess of the maximum number of hours his doctor advised:
“Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old's health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.”
Johnson’s wife Sue say that these lengthy depositions were a deliberate stalling tactic designed to prolong the deposition process until her father’s death:
“From her perch in the back of the room during the December sessions, Sue Johnson said she saw lawyers playing games on their laptops, shopping online, reading and answering emails before rising to repeat the same questions their colleagues had already asked.”
Johnson’s mesothelioma attorney states that his client’s death will severely restrict the potential damages that could result from “his family's claims for pain and suffering, mental anguish and bodily disfigurement, reducing their potential recovery in or out of court by as much as 70%.” The family’s date in court will now be delayed as well: Johnson was granted an expedited trial date in March after his doctors told that court that he would only live a few months longer; following his death, the trial date was pushed back to late August.
Johnson worked as a carpenter, mechanic and plumber over a thirty year period, and was also a veteran of the U.S. Marine Corps. After being diagnosed with mesothelioma—a deadly cancer caused by asbestos exposure—Johnson and his wife filed a lawsuit in California against 44 asbestos manufacturers that he alleged were responsible for his asbestos exposure.
According to the Los Angeles Times report, lawyers for the asbestos companies conducted depositions on Johnson far in excess of the maximum number of hours his doctor advised:
“Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old's health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.”
Johnson’s wife Sue say that these lengthy depositions were a deliberate stalling tactic designed to prolong the deposition process until her father’s death:
“From her perch in the back of the room during the December sessions, Sue Johnson said she saw lawyers playing games on their laptops, shopping online, reading and answering emails before rising to repeat the same questions their colleagues had already asked.”
Johnson’s mesothelioma attorney states that his client’s death will severely restrict the potential damages that could result from “his family's claims for pain and suffering, mental anguish and bodily disfigurement, reducing their potential recovery in or out of court by as much as 70%.” The family’s date in court will now be delayed as well: Johnson was granted an expedited trial date in March after his doctors told that court that he would only live a few months longer; following his death, the trial date was pushed back to late August.
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