US court orders genetic testing in secondary exposure case

A Federal court in the US has recently ordered mesothelioma patient, Gael Garon, to undergo whole genome sequencing at the request of the defendant, Illinois Central Railroad, despite objections.

The defendant aims to argue that the mesothelioma arose by genetic mutations rather than secondary asbestos exposure from her father’s work clothes.

Garon’s case involves a long family history of asbestos-related illness: her father developed the same illness from occupational exposure, and her sister previously filed a similar lawsuit. Garon herself alleges that she was exposed as a child whilst coming into contact with her father’s contaminated clothing. Her claim pursues multiple defendants, including the Railroad.

The ruling raises concerns for claimants because they say it compels invasive genetic testing and reflects a broader strategy to try to shift blame from asbestos exposure to genetic factors. Garon’s lawyers argue that any genetic susceptibility does not reduce the defendants’ responsibility.

These are seemingly arguments that are becoming more prevalent in the US, but we are aware of other courts in different states refusing such testing. Genome sequencing is not something that is commonly undertaken in cases in the UK currently, but it will be interesting to see where these arguments ultimately lead and whether they may be more to the forefront in assessing asbestos related cases in the future.