Second-Hand Mesothelioma Lawsuit Allowed to Proceed Despite Asbestos Company Argument
Exposure to asbestos can lead to a wide range of deadly diseases, including malignant mesothelioma, and that exposure does not need to be direct. According to a lawsuit filed by Lorraine Sprague, not only did asbestos cause the lung cancer that killed her husband David back in 2003, but now it has led to her own malignant mesothelioma diagnosis. Her pursuit of compensation from the companies she blames for her illness is continuing after the Supreme Court of New York County denied one of those companies’ requests for the case to be dismissed.
Asbestos Company Denies Role in Second-Hand Mesothelioma
Second-hand mesothelioma is the term used when a patient’s exposure comes from asbestos that was carried into their presence by a person who has first-hand exposure. In Mrs. Sprague’s case, her husband David worked as a dredgeman and tugboat engineer from the early 1960s until 1987. She says that he worked with asbestos-contaminated products, including Fel-Pro gaskets, which created dust that he inhaled. The deadly fibers also adhered to his clothing and were then carried into their home, where she inhaled them. She provided witness testimony from former colleagues of her husband’s, one of whom testified that Fel-Pro products were used on the ship.
In response, Fel-Pro filed a motion to have the lawsuit against them dismissed. They argued that Mrs. Sprague had failed to establish that their products were a substantial factor in her illness, and that she had not shown that she’d been exposed to levels of asbestos high enough to cause her mesothelioma. They called her case unsupported and speculative.
Judge Denies Asbestos Company’s Motion to Dismiss Mesothelioma Lawsuit
In response to the asbestos company’s argument, Justice of the Supreme Court Adam Silvera said that Fel-Pro had failed to provide any evidence in support of their motion, and that it was their burden to establish that exposure to asbestos from their product could not have contributed to Mrs. Sprague’s illness. Their failure to do so, instead relying on gaps in Mrs Sprague’s proof, failed to meet the burden needed to have the case dismissed. The lawsuit will move on for a jury to be the decider of facts.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net have the resources you need to move forward as successfully as possible. Contact us today at 1-800-692-8608.
Written by Terri Oppenheimer
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