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1. Monsanto Wants Blood Sample For Genetic Test In Mesothelioma Case

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 Monsanto Wants Blood Sample For Genetic Test In Mesothelioma Case

Mealey's(R) Litigation Report: Asbestos

Online ISSN: 2158-9798 , Print ISSN: 0742-4647
September 11, 2019

Copyright 2019 LexisNexis, a division of RELX Inc.

Copyright in individual articles as noted therein.

Cite: 34-15 Mealey's Litig. Rep. Asb. 5 (2019)

Section: Volume 34, Issue #15

Length: 606 words

Dateline: EDWARDSVILLE, Ill.

Body

Monsanto Co. on Aug. 30 asked an Illinois judge court to compel testing of an asbestos plaintiff's blood, saying the
procedure may reveal a genetic component to the 36-year-old's peritoneal mesothelioma (Dustin W. Holsten, et al.
v. Amalgamated Sugar Co. LLC, et al., No. 18-L-1664, Ill. Cir., Madison Co.).

( Motion to compel and attachments available 01-190911-019B

Notice of motion available 01-190911-020X )

Dustin and Kaitlin Holsten filed suit in the Madison County Circuit Court, claiming that exposure to asbestos led
him to contract mesothelioma. Holsten was diagnosed with peritoneal mesothelioma in November 2018 at age 36.
Defendant Monsanto requested that Holsten provide a blood sample. Holsten rejected the request. Monsanto
moved to compel an examination of Holsten's blood.

Causation

In its brief in support, Monsanto argues that it contends that Holsten was not exposed to asbestos at its facility,
placing the cause of Holsten's mesothelioma front and center in the case. Illinois Supreme Court Rule 215, Ill. Sup.
Ct. R. 215, specifically allows for blood sampling and genetic testing to determine the cause of a disease. By
bringing suit, Holsten has placed his physical condition into the controversy, Monsanto argues.

Monsanto also argues that the blood draw is a routine, quick and simple procedure performed by a licensed
phlebotomist.
 Page 2 of 2
Monsanto Wants Blood Sample For Genetic Test In Mesothelioma Case

"Defendant seeks the blood sample to obtain genetic testing to determine the actual cause of Mr. Holsten's
peritoneal mesothelioma. The results of this testing may speak to the ultimate questions of causation in this case,
and therefore have an incredibly high probative value. Defendant's due process rights require that it have the ability
to present alternative theories of causation, in particular medical causation, where there could be alternative means
by which the plaintiff has developed his cancer," Monsanto claims.

Genetic Role

Recent scientific explorations reveal that the TP53 gene - which is linked to Li-Fraumeni Syndrome - can be
involved in the development of mesothelioma, the company argues. Li-Fraumeni Syndrome results in a greatly
increased risk of several types f cancers.

"The Tp53 gene plays a crucial role in preventing cancer formation as it controls cell growth and division and
produces the tumor suppressor protein p53. Numerous studies have demonstrated a significantly increased
incidence of cancer for families and persons with Li-Fraumeni Syndrome," the company argues. "The risk over a
lifetime in men is 70 percent while almost 100 percent in women is now accepted. Due to numerous studies, Li-
Fraumeni Syndrome is now accepted as leading to malignant mesothelioma, particularly in peritoneal
mesothelioma, without asbestos exposure," Monsanto says. Mutation of the BAP1 gene is another potential cause
of plaintiff's mesothelioma, Monsanto says.

Notably, Holsten's relative youth, family history including two blood relatives with cancer, type of mesothelioma
and the alleged disease's short latency all give rise to questions about its origin, Monsanto says.

"A growing body of medical research on peritoneal mesothelioma in males under the age of 45 supports the
opinion that this disease is often not caused by asbestos exposure but caused by a germline mutation (inherited
genetic characteristic), Monsanto tells the court.

Testing will give expert Len van Zyl a basis to testify on the cause of Holsten's disease, Monsanto says.

Steven B. Beshore of Husch Blackwell in St. Louis represents Monsanto. Kelly Battley of Maune, Raichle, Hartley,
French & Mudd in St. Louis represents Holsten.

Do you have news to share? Are you interested in writing a commentary article? Email the Mealey's News Desk at
Mealeys@LexisNexis.com

Load Date: September 11, 2019

End of Document