When Michael Kappel died in 2018, his family was uncertain about whether the cause was malignant mesothelioma or asbestos-related lung cancer, but they were certain that it was related to the asbestos that the Weyerhaeuser Company’s factory had released into the air of their Marshfield, Wisconsin, community. When they filed suit, the company attempted to have the case dismissed, but the judges of the U.S. District Court for the Western District of Wisconsin denied the motion for summary judgment.
Question of Mesothelioma or Lung Cancer Answered
Mr. Kappel’s initial claim did not identify whether he had malignant mesothelioma or asbestos-related lung cancer; instead, it cited his diagnosis of an asbestos-related disease. Based on this lack of sufficient specificity, as well as other objections, Weyerhaeuser asked for the case to be dismissed. Most notably, they argued that the man’s civil claim was barred because he had been an employee of the factory and, therefore, was restricted to filing a workers’ compensation claim.
Mr. Kappel died amid the legal proceedings, and his family asked for and was granted a stay so an autopsy could be performed to determine whether the correct diagnosis was mesothelioma or lung cancer. When his survivors amended their complaint to substitute themselves as plaintiffs and specify that he had died of adenocarcinoma, the court accepted their amendment. The judges then turned to the question of whether they could blame his illness on asbestos that was released into the community.
Judge Rules Lung Cancer Claim Can Be Based on Environmental Exposure
Despite Weyerhaeuser’s objections, the judges decided that the lung cancer victim’s family did not need to blame Mr. Kappel’s employment with Weyerhaeuser as the cause of his illness for two reasons: first, the state’s workers compensation act did not bar claims based on environmental or community exposure, and second, Mr. Kappel had not worked at Weyerhaeuser during the period when the company had used asbestos.
The lung cancer victim’s deposition testimony indicated that he began working at the Marshfield plant in May 1979, while Weyerhaeuser had previously asserted in other asbestos cases that they had stopped using asbestos in June 1978. Based on these facts, the judge allowed the family’s case against the company to move forward.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net have the resources you need to move forward with confidence. Contact us today at 1-800-692-8608 to learn more.
