James Ross, 71, is dying from a rare form of cancer caused by inhaling asbestos. Mandatory autopsies have been a standard requirement of asbestos settlements dating to a 1984 Washington state court rule. The rule does allow exceptions for “religious or ethical considerations,” but Mr. Ross objects to the procedure on personal moral grounds.

autopsy.jpgSo counsel for Mr. Ross argued in court earlier this month that the rule is unconstitutionally vague. Ross v Saberhagen Holdings Inc., No. 08-2-02434-2 SEA (King Co., Wash., Super. Ct.)
As part of his pleadings Ross provided cases of plaintiffs diagnosed with mesothelioma who were exempted from the autopsy requirement because of their religion. Mr. Ross could claim the procedure violates his religious beliefs, but he simply feels the procedure is too invasive.
Ross is dying from mesothelioma, a rare form of cancer that is always fatal and is only caused by exposure to asbestos. The defendants don’t dispute that Ross has mesothelioma, but the defendant company Saberhagen Holdings is insisting on the autopsy as a condition of paying the settlement. First they kill the poor guy, then insist on butchering him up.

Categories: New & Changing Laws Tags: , ,
Strict Standards: Only variables should be passed by reference in /home/lchalat1/public_html/chalatlaw.com/wp-content/themes/chalatlaw/functions.php on line 93

Strict Standards: Only variables should be assigned by reference in /home/lchalat1/public_html/chalatlaw.com/wp-content/themes/chalatlaw/functions.php on line 93
| Comments

Leave a Reply

Your email address will not be published. Required fields are marked *