Ohio Appellate Court Affirms Administrative Dismissal of Lung Cancer Asbestos Case

CLEVELAND –– An Ohio appellate court has affirmed the administrative dismissal of an asbestos lung cancer case, finding that the plaintiff had failed to present a prima facie showing by a competent medical authority.

In the Nov. 21 decision, the Ohio 8th Appellate District Court for Cuyahoga County said that counsel for the plaintiffs had “improperly created an impossible situation” when it required the decedent’s treating physicians be “experts in asbestos-related disease.”

Plaintiff Chris Cook brought the claims on behalf of his father, Charles Cook. According to the plaintiff, Charles Cook’s lung cancer was caused by asbestos exposure.