Gael Garon v. Illinois Central Railroad Company

Summary

The Eastern District of Louisiana granted Illinois Central Railroad Company’s motion to compel Gael Garon to provide a 10 mL blood sample for whole genome sequencing. The court held that Garon’s physical condition was in controversy and that good cause existed under Federal Rule of Civil Procedure 35 because the genetic testing could bear on whether her mesothelioma was caused independently of asbestos exposure. The court ordered the parties to confer and submit a proposed order governing the blood test.

Holdings

1. Plaintiff's physical condition was in controversy because she alleged that Defendant's conduct caused her mesothelioma and the requested genetic information was relevant to determining the cause of that condition.
2. Defendant demonstrated good cause to compel Plaintiff to provide a 10 mL blood sample for whole genome sequencing because the results were relevant to causation and the procedure was minimally invasive.

Questions Presented

1. Whether Plaintiff's physical condition was in controversy for purposes of Federal Rule of Civil Procedure 35.
2. Whether Defendant demonstrated good cause to compel Plaintiff to provide a 10 mL blood sample for whole genome sequencing.

Disposition

other