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Washington State Medical Tort Block Removed

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Four years ago, Julie Anderson filed a lawsuit against her employer Akzo Nobel, after she realized her son suffered birth defects, due to, she believes, her exposure to solvents at work while she was pregnant. She had medical experts who would back her claim, and her former employee had prepared their defense. However, because of a long-standing Washington law, a King County Superior Court judge ruled that Anderson would not be able to show a large body of medical opinions to support her claims.

However, in a unanimous decision, the state Supreme Court threw out the standard that limited medical testimony and allowed Anderson to take her claims to a King County jury. The court ruled that medical testimony is to be allowed provided the medical experts used methods that are scientifically sound when reaching their conclusions. The conclusions can be presented whether or not there is a scientific consensus supporting them.

Attorneys for the plaintiff say that this decision will remove a major stumbling block for the sick and injured to pursue claims against employers and insurance agencies in Washington courts, the Seattle PI has reported.

Attorneys for the defense have said that the decision will likely allow junk science into the courtroom, and that the decision will have a significant impact on litigation in the state.

 

 

breakinglawsuitnews.com disclaimer: This article: Washington State Medical Tort Block Removed was posted on Wednesday, September 21st, 2011 at 7:04 pm at breakinglawsuitnews.com and is filed under Toxic Substances Lawsuits.

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