Donna Spurling’s lung cancer diagnosis came as a shock; she had never smoked cigarettes. In searching for a cause for her illness, she determined that she had been exposed to legacy asbestos on the campus of her college, Fairmont State University in West Virginia, as well as in other buildings where she completed educational rotations. Upon discovering that the school had been aware of the asbestos for years and had done nothing to protect her and other students from the risk of asbestos-related diseases, she filed a personal injury lawsuit seeking compensation for her injuries.
Multiple Asbestos-Contaminated Buildings Cited in Lung Cancer Lawsuit
Asbestos exposure can cause a wide range of deadly illnesses, including malignant mesothelioma, asbestos-related lung cancer, and others. After Ms. Spurling was diagnosed with lung cancer and subsequently underwent surgery to remove half of one of her lungs, her investigation led her to asbestos in buildings on the campus at Fairmont State University, Mon General Hospital, and West Virginia University Health System.
Her asbestos lawsuit includes documentation that the State of West Virginia had known that the buildings were contaminated with asbestos as long ago as 1987 but took no action to have the exposure risk removed.
Lung Cancer Lawsuit Complicated by Late Sovereign Immunity Claim
Ms. Spurling’s original lawsuit was filed in January of 2024 but was amended in February to include the school’s Board of Directors. It was amended again after the university discontinued negotiating a settlement of her claim, terminated its relationship with the attorney that had been representing them, and hired another. That counsel then argued that the school was protected by sovereign immunity and moved to have the case dismissed.
In her latest amendment, Ms. Spurling argues that the university is attempting to have the case dismissed because it received a denial of coverage letter from its insurer. She notes that Fairmont State was aware of the risks of asbestos-related disease to its students and yet did not insure itself against future liability and that the school’s sovereign immunity argument is meritless.
Legacy asbestos is hidden in many buildings constructed before the 1980s. A failure to protect those exposed to this asbestos may represent negligence. If you’ve been sickened by asbestos exposure and need legal guidance, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
