Statistically speaking, the vast majority of malignant mesothelioma victims are elderly men who’d worked in high-heat settings decades before their diagnosis. But an alarming number of those men’s wives are also afflicted by the disease, largely as a result of having been exposed to asbestos carried home on their husband’s work clothes. That is what happened to Barbara Brandes, who died of the fatal illness after years of laundering Raymond Brandes’ dust-covered clothing.
Jury Awards $3.5 Million to Mesothelioma Victim
After 79-year-old Barbara Brandes was diagnosed with mesothelioma, her family filed suit against Brand Insulations, a subcontractor that had installed asbestos-containing insulation at the ARCO Cherry Point refinery where her husband Raymond had worked from 1971 to 1975. A jury heard details of how Brand had installed asbestos-contaminated insulation on pipes at the refinery without labeling them as containing the toxic material or providing any other warning.
As part of his responsibilities, the mesothelioma victim’s husband worked near the asbestos-contaminated pipes and even removed the insulation to maintain the pipes. He innocently carried the toxic dust home on his clothes, which Barbara laundered twice a week. Mrs. Brand died the day before the jury heard closing arguments, and the jury awarded her estate $3.5 million in damages, which was later reduced by $1 million to $2.5 million.
Asbestos Company’s Request to Overturn Mesothelioma Verdict Denied
After the mesothelioma victim’s family was awarded compensation, Brand Insulation filed a motion arguing that Mrs. Brand’s case against them had been barred by a six-year construction statute of repose, which disallows action for construction defects that don’t become apparent within six years of the time the construction is complete. That argument had been asked and answered at the time the case was filed, but the company raised it again on appeal.
In its review of every aspect of the case, the Court of Appeals for the State of Washington sided with the mesothelioma victim’s family. They denied the company’s appeal and allowed Barbara Brand’s family to keep the compensation that the jury had awarded them.
If you or someone you love has been injured following exposure to asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.