Defendant Can't Raise SV40 Argument During Appellate Process, Court Says

NEW ORLEANS - A Louisiana appeals court has upheld a trial court decision denying a defendant in an asbestos case a second chance at testing the lung tissue of a mesothelioma patient for evidence of simian virus 40 (SV40). The Estate of Andrew Patrick, M.D., et al. v. The Board of Supervisors of Louisiana State University and Agriculture and Mechanical College, et al., No. 2002-C-1224 (La. Ct. App., 4th Cir.).

Affirming the trial court's decision to quash a subpoena to obtain tissue samples preserved following the death of Dr. Andrew Patrick, the Fourth Circuit Louisiana Court of Appeal said allowing …