Earlier this year, a unanimous ruling by Maryland’s Supreme Court made a significant difference for mesothelioma victims whose illness was caused by secondary asbestos exposure. The court eliminated a barrier that had blocked many of these heartbreaking cases for decades.
GE Employee’s Wife Died of Mesothelioma After Years of Laundering Work Clothes
The case that spurred the legal shift was filed by the family of Jo Ann Allen, who developed pleural mesothelioma after years of laundering her husband’s work clothes. Her husband had worked at the Chalk Point PEPCO power plant in 1963–64, where General Electric turbines exposed him to asbestos dust that he unknowingly carried home to his family.
Maryland mesothelioma victims who’d suffered secondary asbestos exposure had previously pursued design defect claims against manufacturers, but their claims were complicated by being required to prove a separate “duty” element beyond the state’s standard four-factor test. That additional requirement frequently defeated take-home exposure claims before they could ever reach a jury, regardless of how clearly a manufacturer’s product had caused the household contamination.
Mesothelioma Claims Now Follow a Clearer Legal Standard
Under the state Supreme Court’s ruling, mesothelioma cases involving take-home exposure can now proceed under the four standard elements alone, with no separate duty finding required. This means family members who developed mesothelioma from asbestos dust carried home on a loved one’s clothing, whether through laundering their clothes, hugging a parent returning home from work, or simply living in the same household, now have a more direct path to holding product manufacturers strictly liable.
The ruling will not only benefit mesothelioma victims in Maryland. In addition to exposures at Maryland industrial sites, including PEPCO facilities, it will also impact those whose loved ones worked at the Washington Navy Yard, who will file their claims n D.C. Superior Court. This geographic extension broadens the pool of workers and family members across the D.C./Maryland corridor who may now pursue claims previously impacted by the duty barrier.
Mesothelioma Families with Ties to Maryland Should Take Note
For anyone whose family member worked at a Maryland industrial site before the mid-1980s, and who has been diagnosed with mesothelioma following secondary household exposure, the Maryland Supreme Court’s ruling makes a significant difference.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
