Carolyn Burford died of hypoxic respiratory failure related to her asbestosis, a condition that — like mesothelioma and asbestos-related cancer — is caused by exposure to asbestos. Though a trial court dismissed the case her family filed against asbestosis based on lack of “proof of causation,” an appellate court reversed that decision, allowing the case to move forward.
Lawsuit Blames Exposure to Workplace Asbestos for Victim’s Death
Mrs. Burford’s family filed a claim against Alcoa and other companies blaming them for her wrongful death, strict product liability, and negligence and stating that, like many mesothelioma victims, she suffered second-hand exposure to asbestos from laundering her husband’s work clothes every day. The company’s attorneys argued that there was no evidence of that rose to the level of “direct, scientifically reliable proof of causation” established by previous court decisions.
Though the lower court granted the company’s request for dismissal from the case, the asbestosis victim’s family appealed that decision, saying that they had proved that more than a scintilla of evidence of direct scientifically reliable proof of causation had been presented and that the same mathematical equation used for mesothelioma should not be used for asbestosis.
Appellate Court Agrees with Asbestosis Victim’s Family
In its ruling on the asbestosis appeal, the Court of Appeals of Texas agreed with Carolyn Burford’s family, and stated that they were able to raise a fact issue as to whether asbestos from Alcoa was a substantial factor in her illness and subsequent death based on scientifically reliable evidence. They pointed to reliable expert witness testimony as well as almost 3,000 pages of evidence in support of the family’s case and ruled that the case could move forward for a jury to hear.
If you or someone you love has suffered as a result of exposure to asbestos, the courts offer a road to justice. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
