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Battle Against Forced Mesothelioma Genetic Testing Waged by Kazan Law

mesothelioma genetic testingIn a global first for mesothelioma litigation, Kazan Law has taken the lead to legally stop forced mesothelioma genetic testing. At issue is a recently discovered genetic mutation called BAP1 that reportedly signals higher risk for developing mesothelioma.

Kazan Law Files First Declaration Opposing Forced Testing for BAP1 Gene

Kazan Law Associate Andrea Huston filed a declaration here in Alameda County to oppose the forced mesothelioma genetic testing of a client, who is a mesothelioma patient, by the corporation alleged to have exposed her to asbestos causing her mesothelioma.

“I have represented asbestos plaintiffs for 15 years. Until about June 2014, I had never had a case in which any defendant raised any issue regarding BAP1 gene…Nor to my knowledge had anyone in my office had such a case before June 2014,”Andrea states in her declaration.

She mentions another one of our current cases in which the company accused of causing a client’s mesothelioma has requested a “blood sample” from our client so they can test it for the BAP1 gene.

There are several other cases in other parts of the U.S. where forced mesothelioma genetic testing is also currently a controversial issue.

Kazan Law Fight Against Forced Mesothelioma Genetic Testing Featured in Global Law Journal

Forced mesothelioma genetic testing is so new that our cases caught the attention of a prominent defendant-sponsored online blog site, GlobalTort.

The article highlights the declaration we filed and also how the issue of forced mesothelioma genetic testing marks a new phase for mesothelioma litigation.

“Thus, 2014 becomes the year mesothelioma litigation undeniably entered the age of precision scientific analysis aimed at a particular person’s genomics, and related molecular characteristics,” the article states.

BAP1 Gene Discovered in 2011

In 2011, researchers from the University of Hawaii Cancer Center reported that mutations in the BAP1 gene might predispose people with this mutation to develop mesothelioma when they are exposed to asbestos. The researchers are still studying whether BAP1 could help identify individuals at high risk of mesothelioma, and just how to use these findings in treating mesothelioma patients.

“More experiments are urgently needed to see whether BAP1 expression could be used in diagnostic, prognostic, or therapeutic settings,” the researchers noted in an abstract of the findings published in the Journal of Cancer Research and presented at the 2014 American Association for Cancer Research annual meeting.

In an analysis of 10,566 U.S. mesothelioma patients from 1973 to 2010 listed in the US Surveillance, Epidemiology, and End Results (SEER) program, the researchers reported that only 23 of them carried the BAP1 gene.

Corporate Misuse of Science

It sure didn’t take long for corporate lawyers to try to take the new discovery about BAP1 and turn it into something that to use against innocent people who are dying because of corporate greed and neglect. Knowingly exposing people to lethal asbestos is wrong regardless of anyone’s genetic make-up. Starting with the historic Johns-Manville case in the 1970s, our firm has had a history of successfully pioneering asbestos litigation so we are ready to fight this new 21st century battle for our clients and asbestos victims everywhere.

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