Prescription for Mesothelioma Began to Run with Definitive Diagnosis, Court Says

SHREVEPORT, La.- A Louisiana Court of Appeal has ruled that the diagnosis of mesothelioma marks the time prescription begins to run in an asbestos case, even if the disease was among those considered in earlier diagnostic stages. Hughes v. Olin Co., No. 37,404-CA (La. Ct. App., Second Cir.)

On Oct. 3, the Louisiana Second Circuit Court of Appeal reversed an exception of prescription granted to defendant Olin Corporation, stating that the plaintiff did not have constructive knowledge that he had a cause of action for his alleged injury until all other potential factors, including smoking-related cancer, were ruled out.