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Michigan Court Precludes Testimony of Doctor in Asbestosis Cases

Judge Robert J. Columbo, Jr. of the Circuit Court of Wayne County Michigan ruled on November 19 that R. Michael Kelly, MD is not qualified to diagnose asbestos-related non-malignant diseases like asbestosis. Dr. Kelly was accused, in a motion filed by one of the defendants, of both misreading X-rays and misusing pulmonary function test equipment to generate positive diagnoses where there should have been none.

The ruling puts about 80 cases in jeopardy, unless those plaintiffs get diagnosed by other physicians acceptable to the court. More problematic is the fact that Dr. Kelly has apparently diagnosed thousands of plaintiffs in the past—are those cases now going to be reopened? None of these plaintiffs, of course, were claiming mesothelioma or other malignancies.

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