Csx may file new asbestos-related complaint

Railroad giant CSX is again trying to uncover instances of whit is believes is fraud perpetrated by asbestos lawyers who have filed large numbers of claims. CSX Corp. wants to file its Second Amended Complaint in federal court as part of its case against Pittsburgh law firm Peirce, Raimond & Coulter. The case is connected to that against Bridgeport doctor Ray Harron, who was accused of falsely diagnosing asbestos-related diseases in people who did not have them. CSX alleges that the falsely diagnosed people were then packaged with others in class action lawsuits with thousands of plaintiffs. CSX says that this method of filing meant the company was unable to properly investigate individual plaintiffs. The complaint says, “CSXT’s proposed Second Amended Complaint is based on the same fraudulent scheme described in the Amended Complaint and reasserts claims based on the same legal theories.” “Specifically, the proposed Second Amended Complaint alleges that Harron and the lawyer defendants fabricated and prosecuted objectively baseless asbestos claims against CSXT and seeks damages for injuries caused by 11 such claims.” One of those eleven claims was a case of ‘mistaken identity’ that occurred after CSX employee Ricky May learned that the Peirce, Raimond & Coulter was conducting an asbestos screening. May had tested negative for asbestosis in a previous screening. CSX alleges that a former employer, Robert Gilkison, had been hired by the law firm as a ‘runner,’ a person who was hired to convince former colleagues to initiate law suits against CSX. The company also alleged that Gilkison had suggested to May that he find someone who tested positive for asbestosis to impersonate him for the screening. CSX’s complaint on the case says, “Defendant Gilkison suggested to Mr. May that he should get someone who had previously tested positive for asbestosis to set for his exam and thus be eligible to file a claim against CSXT.” The railroad company then alleges that May enlisted CSX worker Danny Jayne, who had already been diagnosed with asbestosis, to pretend to be him for the exam. The suit also claims that Gilkison smoothed the process over, allowing May to complete the paperwork while Jayne completed the exam. The x-rays were then sent to Ray Harron, who diagnosed asbestosis. May received a settlement of $8,000 from CSX. CSX investigated the case and filed suit after a doctor verified that the x-rays taken of May and Jayne were in fact of the same person. After the company filed suit both men confessed to having taken part in the fraud. (Source: Asbestos and Mesothelioma News)