 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Keller v. Armstrong World Industries2/9/2005
dicate a cause of that condition.
In 1993, plaintiff visited the emergency room at Providence Medical Center because of abdominal pain. The chart notes from that visit indicate that, in discussing his medical history with the examining physician, plaintiff reported that he was being treated for asbestosis.
In 1994, plaintiff had surgery for an aortic aneurysm. In preparation for that surgery, he saw Patterson again for a preoperative evaluation. In that evaluation, Patterson stated that plaintiff had " nterstitial lung disease, etiology uncertain[.]" He reviewed plaintiff's asbestos-related work history, noting that plaintiff's job that involved cutting sheets of asbestos "represent a significant asbestos exposure." Patterson noted that plaintiff's 1986 bronchoscopy had shown no asbestos bodies and, in connection with plaintiff's chest x-ray, " o changes pathognomic of asbestos exposure are noted." He further noted that, three weeks before the evaluation, plaintiff had again quit smoking. In the conclusion of his report, Patterson noted that "the importance of continuing without cigarettes was emphasized."
Later in 1994, plaintiff submitted a "reconsideration disability report" in connection with his application for social security disability benefits. Plaintiff reported that his shortness of breath had worsened and that Kintz had advised him that, because of his "asbestos lungs" and psychological problems related to his illness, he should not try to carry on his regular work duties.
In January 1995, plaintiff filed a claim for workers' compensation benefits, asserting that he had "asbestos lung" from exposure to asbestos from manufacturing and installing exhaust systems. As part of the evaluation of that claim, SAIF referred plaintiff to Dr. Smith for examination. Smith reviewed plaintiff's medical records and chest X-rays spanning a 20-year period and performed a number of additional tests. He concluded that plaintiff's condition was not asbestos related:
"This patient has a very unusual history and has been followed at the Thoracic Clinic since 1974. Serial chest x-rays were reviewed and there has been no evidence of significant progressive interstitial disease or an asbestos-related condition. The patient had definite exposure to asbestos most likely in the form of chrysotile blankets. The exposure would be characterized as relatively light in lifetime exposure and at best, moderate. It is unlikely that the exposure would be heavy enough to cause asbestosis. The clinical findings are consistent with the occupational exposure history. There is no evidence of asbestos-related pleural disease or pleural thickening or pleural fibrosis. There is no evidence of asbestos-related interstitial disease or asbestosis. * * *
"I believe his case can be closed in that he has no asbestos related condition."
SAIF asked both Patterson and Kintz to review Smith's report, and each signed a statement indicating that he agreed with all of the report.
In 2000, Dr. Schaumberg, a pulmonologist, reviewed CT scans of plaintiff's chest performed in August and November 1999, as well as the results of plaintiff's pulmonary function tests. In a letter to plaintiff's attorney, Schaumberg wrote that plaintiff "clearly has a interstitial lung disease with a restrictive pulmonary defect. Given his history of asbestos exposure, the most likely etiology is because of asbestosis."
Plaintiff filed his complaint in this case on October 23, 2000. Defendants moved for summary judgment, arguing that the action was barred by the applicable statute of limitations. As noted, the trial court granted the motions. We will affirm only if th
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|