PITTSBURGH – A company accused of supplying laboratory equipment that included asbestos was recently denied its motion for summary judgment in the U.S. District Court for the Western District of Pennsylvania.
Harald and Brigitte Mehnert allege Fisher Scientific Co. LLC supplied the equipment that caused Harald Mehnert to contract mesothelioma while he worked at the U.S. Geological Survey in the Denver Federal Center.
Fisher argues it wasn’t the supplier of the asbestos products that Harald Mehnert said he used during his days at USGS, and there’s no proof that Fisher was the supplier of the products that caused Harald Mehnert to develop the condition. At the same time, the plaintiffs argue that Harald Mehnert ordered the products in question from Fisher in the years relevant to the lawsuit.
In her March 27 ruling, U.S. District Judge Nora Barry Fischer noted that “Mr. Mehnert testified repeatedly that he was exposed to the asbestos products supplied by Fisher (and VWR) during his decades-long career working in his laboratory at the USGS.” She added that Harald Mehnert also explained in detail the specifics of the asbestos products.
He also pointed out the products he bought from Fisher’s catalog that dated back to 1965 and testified how he often used the products while on the job.
Meanwhile, Fisher's corporate representative, Bertie Werley, was deposed and gave contradicting testimony. For example, even though she insisted she knew when Fisher last offered certain products in its catalog, from the asbestos paper tape in 1970 to the clamps with asbestos sleeves in 1975, she later testified that the company has no records or documentation of when it sold the last round of asbestos products.
Considering Harald Mehnert’s testimony and Werley’s claims, Judge Fischer ruled there’s a genuine issue of material fact concerning whether Fisher’s asbestos products adversely impacted his health.
“As such, summary judgment is inappropriate and it is up to a jury to decide whether Mr. Mehnert’s testimony concerning his exposure to Fisher’s asbestos products is credible,” Judge Fischer wrote.
U.S. District Court for the Western District of Pennsylvania civil action No. 18-593