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Widow's Mesothelioma Lawsuit Allowed to Continue Despite Chemical Company Arguments

Imagine losing your husband to mesothelioma just three months after he was diagnosed with the disease, then having to spend the next several years fighting for justice from the company responsible for his illness – even having to fight for your right to have your day in court. It seems like an outrage, but it is something that happens on a constant basis. The good news is that despite the best efforts of the asbestos companies’ attorneys, skilled and experienced mesothelioma attorneys are there to help, and the courts continue to hand out justice.

The most recent example can be found in the case of Willis Edenfield and his widow. Willis was diagnosed with malignant mesothelioma in October 2010 and then died of the disease just three months later. Upon learning that he had been exposed to asbestos provided to his workplace by Union Carbide Corporation and others, she filed a lawsuit against the company after his death. Because he died so quickly he was never able to provide testimony about his own exposure. As a result Union Carbide argued that there was no evidence that he had been exposed to their asbestos, and the court agreed.

On the advice of her mesothelioma attorney, the widow appealed this decision, and the case was heard by the Superior Court of New Jersey’s Appellate Division. The court heard testimony about Mr. Edenfield’s 40 years working at a chemical plant that manufactured asbestos-containing adhesive products and of UCC providing asbestos to the facility for 12 years.  They also heard testimony from two of his former coworkers, who described his job retrieving the powdered materials provided by UCC and others and scooping it into bags, then carrying it to other locations throughout his workplace. The coworkers testified that UCC was among the materials that he had been exposed to. Despite all of this testimony, UCC again asked for the case against them to be dismissed, but the Appellate Court disagreed. Among other things that they pointed out in their opinion was the fact that Mr. Edenfield’s exposure had been more direct than in many other cases, and had “regularly scooped, weighed and mixed ingredients including asbestos.” They also pointed out that even though there had been other companies whose asbestos had been used, there was evidence that UCC had provided over 40,000 pounds of asbestos during the 12-year period in question. They reversed the original ruling and allowed the trial to proceed: the widow will have her day in court.

Every aspect of dealing with malignant mesothelioma is a challenge, from the initial diagnosis to fighting for compensation for the damages you’ve suffered. The good news is that help is available. The Patient Advocates at Mesothelioma.net can provide you with support, resources and assistance at every step along the way. For more information, call us today at  1-800-692-8608.

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