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CSX Transportation Seeks Punitive Damages for Falsified X-Rays

In a lawsuit filed in a West Virginia court CSX Transportation is seeking significant punitive damages against a radiologist alleged to have provided false x-rays during an asbestos-related trial filed against the company. According to CSX Ray Harron conspired with attorneys for alleged asbestos exposure victims to file bogus suits against CSX.

On January 12th Harron requested the case be dismissed on the grounds that the company failed to confirm sufficient legal fees had been gained by him to try the case in a federal court. The minimum amount necessary for such federal jurisdiction is $75,000.

Circuit Court Judge overseeing the matter, Arthur Recht, dismissed the suits against Harron and the decision was affirmed by the West Virginia Court of Appeals but CSX immediately appealed to the United States Supreme Court.

Asbestos is a dangerous substance that was used often in building materials during the early twentieth century. Exposure to the substance has been known to result in the development of a number of often fatal diseases. Diseases caused by the substance include but are not limited to mesothelioma, asbestosis, and lung cancer. Often such diseases will take twenty to fifty years before showing on tests which makes it very difficult to find effective treatment options.

The U.S. Supreme Court decision is still pending and no word has been given as to when such a decision will be made.

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