Louisiana High Court Vacates Decision Precluding SV40 Testing of Lung Sample

NEW ORLEANS - Defendants in a Louisiana mesothelioma case may be able to take a second look at a plaintiff's autopsy lung sample to determine whether it contains 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. 02-CC-2570 (La. Sup. Ct.).

On Nov. 22, the Louisiana Supreme Court vacated a recent appeals court decision denying the Louisiana State University an opportunity to retest the lung tissue of Andrew Patrick, an LSU doctor who died in 1994 from mesothelioma. Patrick's family …