We, the mesothelioma patients of the United States, in order to form a
more humane justice system, enhance domestic tranquility, provide for
quality of life, promote the healing process, respect the rights of the
injured to seek redress, and secure the blessings of liberty to ourselves
and our families, do propose this Mesothelioma Patients’ Bill of Rights.
1. Neither the courts nor the defendants shall do harm to a mesothelioma
patient who seeks compensation for injuries caused by asbestos poisoning.
2. If a mesothelioma patient shall produce a prescription from a treating
doctor limiting the hours of a deposition, the court shall enforce said
time limit in the interest of the patient’s life, liberty and dignity.
3. Depositions of a mesothelioma patient should follow the Federal Rules
of Civil Procedure, and be limited to seven hours.
4. If the defendants seek additional time for cross examination, they shall
carry the burden of proving, through admissible evidence, that the additional
time is necessary to discover facts not more efficiently obtained elsewhere;
moreover, that the added time, in the opinion of the patient’s treating
doctor, will not do harm to the patient.
5. If a trial date has been set in a mesothelioma patient’s case,
and the patient should pass away before resolution of the case, the patient’s
estate shall have the same claims as if the patient was still alive. The
defendants shall obtain no economic windfall because the plaintiff has
passed away as a result of the tumor caused by asbestos.
6. If a mesothelioma patient’s treating physician provides the court
a sworn declaration attesting that substantial doubt exists regarding
the patient’s survival beyond six months, and the patient commences
a deposition but passes away before the deposition is concluded, the completed
testimony provided shall be admissible at trial.
We hold this policy to be self-evident, that simply because a patient seeks
justice for injuries as a result of asbestos poisoning, that worthy pursuit
does not give the defendant cause to retaliate with torture and other
cruel, inhuman or degrading treatments.