Both malignant mesothelioma and asbestosis are illnesses caused by exposure to asbestos, a deadly fiber with a long history of use in industrial, construction, and high-heat settings. The difference between the two illnesses was among the notable points at the forefront of a successful appeal heard recently in Texas.
Woman’s Asbestosis Death Blamed on Second-Hand Exposure to Asbestos
Carolyn Burford died of asbestosis, and her family blamed her death on the same type of secondary exposure that has claimed the lives of so many female mesothelioma victims. They pointed to asbestos carried home on her husband’s work clothing from his job at Alcoa, and particularly to the fibers that she inhaled when she shook the loose dust off of his clothing before washing it.
As so often happens in mesothelioma claims, when the family filed suit against Alcoa (now known as Howmet), the company responded by filing a motion for summary judgment arguing that there was insufficient evidence of enough exposure to have caused her illness. They also said that her family had not proven that she hadn’t been exposed to asbestos from any other source. The family appealed the decision, arguing that they had provided more than the required amount of proof of causation and that the same standard should not be applied to the two diseases.
Appeals Court Grants Family’s Request to Reopen Asbestosis Case
In reviewing the family’s appeal, the Court of Appeals of Texas reversed the lower court’s decision, agreeing that the family had provided enough testimony from Mr. Burford that she had not been exposed to asbestos that would have caused asbestosis or mesothelioma from any other source to have raised a genuine issue of fact.
They also ruled that plaintiffs didn’t need to show that asbestos from Alcoa more than doubled the woman’s risk of suffering from asbestosis. The trial court’s grant of summary judgment was reversed and the case will move forward for a jury to hear.
If you or someone you love has been diagnosed with mesothelioma, asbestosis, or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. For more information, contact us today at 1-800-692-8608.
