Over a dozen former employees of Continental Tire diagnosed with mesothelioma and other asbestos-related diseases were given a new opportunity for justice when a North Carolina state appeals court agreed that the widow of a lung cancer victim could pursue a workers’ compensation claim despite the previous decision in a bellweather case. The decision gives Debra Gail Funderburk, and other former employees of the manufacturer, another chance for compensation. It also suggests that asbestos plaintiffs in other cases may not be held to unfavorable decisions made in cases involving consolidated plaintiffs.
Appeals Court Rejects Case Dismissals Based on Earlier Asbestosis Rulings
The recent decision was a response to an appeal from Debra Gail Funderburk, who challenged the dismissal of her lung cancer workers’ compensation claim on behalf of her late husband, Marion. In her original filing, she had blamed his death on asbestos exposure at Continental Tire’s Charlotte factory, but the Industrial Commission dismissed her case based on the results of five earlier “bellwether” cases.
That commission had previously determined that asbestos levels at the Continental Tire factory weren’t high enough to cause asbestos-related diseases like asbestosis or mesothelioma. However, the appeals court decided that the test cases used in that earlier claim shouldn’t automatically bar other claimants who’d never been able to present their own specific evidence. Writing for the court, Judge Toby Hampson said, “Our review indicates neither the parties nor the Industrial Commission understood the bellwether cases to bind the consolidated plaintiffs such that dismissal of their cases would be appropriate.”
Decision Means that Mesothelioma Families Can Fight for Individual Consideration
Asbestos exposure has been linked to mesothelioma, lung cancer, and other diseases, and in 2008, over 150 former Continental Tire employees began filing workers’ compensation claims against the company, alleging that prolonged asbestos exposure at the Charlotte factory caused their medical problems. Their cases were consolidated, and after the claims for the representative cases were rejected, 125 plaintiffs dropped their claims. The remaining victims, including Mrs. Funderburk, argued that their cases deserved individual review rather than blanket dismissal based on other workers’ experiences.
In handing down its decision, the court noted that “the bellwether plaintiffs primarily suffered from asbestosis, while Funderburk’s husband had lung cancer.” The ruling also agreed that there were important due process concerns in denying those outside of a bellweather decision the chance for their day in court. The widow and other claimants who believe they have enough specific evidence to make their cases worth pursuing can now return to the Industrial Commission to present their individual evidence of asbestos exposure and resulting illness.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, fair decisions in legal matters make all the difference. For assistance with your situation, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
