Man successfully fights off his own autopsy
A judge in Washington state ruled Thursday that a man dying from mesothelioma will not have to be autopsied as a condition of his estate being paid a settlement.
The Superior Court judge ruled that James Ross, 71, could avoid the autopsy based on the "personal moral belief" he claimed without declaring any "religious or ethical considerations." The Washington courts previouslt had a standing order which mandated autopsies as a condition of receiving settlements for mesothelioma, a cancer known to be caused by asbestos.
Ross had argued the rule unconstitutionally required a religious test. Ross v. Saberhagen Holdings Ins., No. 08-2-02434-2 SEA (King Co., Wa.sh, Super. Ct.).
The judge did not invalidate the rule but, as a practical matter, the ruling will probably apply to any mesothelioma claimant.
Ross is dying from mesothelioma, a rare form of cancer that is invariably fatal and is known to be caused only by asbestos. The defendants didn't dispute that Ross has mesothelioma, but insisted on the autopsy as a condition of paying the settlement. For further background on this case, see Man fights his own impending autopsy.