In reviewing a claim that second-hand asbestos exposure had caused a woman’s mesothelioma death, the Maryland Supreme Court issued a unanimous ruling that eliminates a legal hurdle that has blocked similar claims for decades. The landmark decision creates a path to justice for victims who develop asbestos-related diseases after being exposed to asbestos dust carried home on a worker’s clothing.
Mesothelioma Victim Laundered Husband’s Asbestos-Covered Work Clothes
The case was filed by the family of Jo Ann Allen, a woman who developed pleural mesothelioma after years of laundering the clothes her husband wore while working at the Chalk Point PEPCO power plant in Maryland in 1963 and 1964. According to testimony in the case, her husband regularly came home covered in asbestos dust from General Electric turbines, and her family blamed secondary exposure to those GE products for her illness and death.
Maryland courts had previously required mesothelioma victims in take-home exposure cases to prove a separate “duty” element beyond a standard four-factor test used in strict liability design defect claims against product manufacturers. That additional requirement was not demanded in other strict liability cases, and consistently kept take-home mesothelioma claims from going to trial. But in this case, the Maryland Supreme Court unanimously held that the four standard elements are sufficient for strict liability design defect claims involving take-home asbestos mesothelioma exposure, with no separate duty finding required.
Ruling Represents Significant Change for Secondary Exposure Mesothelioma Victims
The ruling represents a significant change that means that spouses who laundered contaminated clothing, children who hugged dust-covered family members returning home from work, and others who lived in the same household as asbestos workers now have a cleaner path to holding product manufacturers accountable for their exposure to the asbestos that caused their illness. The ruling also extends to the D.C. Superior Court for exposures that occurred at Maryland industrial sites, including PEPCO plants and the Washington Navy Yard.
If you or someone you love has been diagnosed with mesothelioma after having been exposed to asbestos, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
