Leading mining firm accused of withholding crucial evidence

Jackson Kelly PLLC, a leading law firm representing mining companies, has been accused of having 'withheld potentially relevant evidence' in 11 cases relating to medical claims by miners.

A Charleston firm is accused of withholding evidence in medical claim cases Tomas1111

An investigative journalist at the Centre for Public Integrity in Washington DC has identified 'key cases' handled by the firm, asked permission from the individual miners involved or their survivors and reviewed the 'entire case files' held by Jackson Kelly. The Centre concludes: 'In at least 11 of the cases reviewed by the Centre, Jackson Kelly was found to have withheld potentially relevant evidence, and, in six cases, the firm offered to pay the claim rather than turn over documents as ordered by a judge.'

Autopsy findings

Writing in the Charleston Gazette, a representative of the Centre explains one case in detail in which miner Gary Fox sought compensation for black lung disease, was turned down and then returned to the mine. After he died, an autopsy found he had the disease. The Center claims that the law firm withheld medical reports which Mr Fox had never seen himself which indicated that a 'suspicious mass' found in his lungs 'indicated black lung'. 

'Nothing wrong'

The firm's general counsel has 'declined repeated interview requests', says the Centre, and has argued it has done 'nothing wrong' in court filings. The case relating to Mr Fox is now the subject of legal action. The West Virginia Office of Disciplinary Counsel has 'opened investigations' into three Jackson Kelly lawyers. 

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