Judge Tosses Testimony of Doc Who Diagnosed 7,000 Asbestos Plaintiffs
A Michigan judge has disqualified expert witness testimony from a physician who diagnosed more than 7,000 asbestos plaintiffs.
Judge Robert Colombo Jr. ruled that the physician’s opinions were not reliable, the National Law Journal reports. Dr. Michael Kelly was not a radiologist and was not board-certified to read X-rays, according to lawyers challenging his testimony. Their motion said the law firm Goldberg, Persky and White had paid Kelly $500 for each asbestos exam, the Detroit Free Press reports.
Colombo ruled in the case of just one asbestos litigant, but the ruling calls into question more than 2,100 cases on his docket, the Free Press story says.
Colombo had said Kelly makes findings of the same physical conditions in almost every case, and that treating physicians had often failed to confirm his findings.
Kelly did not respond to a request for comment by the Detroit Free Press, but said in testimony that his methods were exact and radiologists not experienced in asbestos diagnosis could overlook important indicators.
