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Ohio Appeals Court Rules Honeywell Must Face Asbestos Suit
August 7, 2020 - An Ohio appeals court revived a widow’s suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband’s mesothelioma was caused by his exposure.
The panel said there are genuine issues of material fact over whether James Maddy’s exposure to asbestos form Bendix brake pads at his workplace was a substantial factor in causing his cancer.
James Maddy began working in 1980 as a supervisor at a company called Fixible. Thomas Burkhart, his former coworker, was the only witness who testified about his asbestos exposure, the panel said.
“From at least 1980 through 1983 (and likely much longer) the Bendix brake products to which Maddy would have been exposed when he was in, or passed by, the work area would have contained asbestos,” the panel said.
Maddy’s wife also presented evidence that would allow the inference that during a number of months in 1989, Maddy was exposed to asbestos dust from the grinding and chiseling of used Bendix brake linings, according to the panel.
Maddy was diagnosed with malignant mesothelioma in April 2014 and died just a month later at the age of 70, according to the opinion. His death certificate said that his cause of death was respiratory failure due to mesothelioma.
“This was a great win for a client that has fought a long time for it,” The plaintiff’s representative said. “It is good to see that the typical rules for reviewing an order granting summary judgement still apply in the context of asbestos-exposure claims.”
If you or a loved one was exposed to asbestos and subsequently developed mesothelioma, you may be eligible to participate in a mesothelioma lawsuit. Contact an experienced mesothelioma lawyer at TorHoerman Law to learn how our firm can gain you compensation for your losses in the form of a mesothelioma lawsuit settlement or asbestos exposure trust fund claim. TorHoerman Law offers free, no-obligation case consultations for all potential mesothelioma lawsuit clients. Contact us today or get an instant online mesothelioma lawsuit case evaluation in our chatbot below.
The tissue that lines your lungs, stomach, heart, and other organs are called mesothelium. Mesothelioma (me-zoe-thee-lee-O-muh) is a tumor of that tissue. Mesothelioma is an aggressive and deadly form of cancer.
Malignant mesothelioma is a rare cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium). Mesothelioma treatments are available, but for many people diagnosed with mesothelioma, a cure is not possible. Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. It most often affects the tissue that surrounds the lungs (pleura). This type is called pleural malignant mesothelioma. Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart and around the testicles. Mesothelioma doesn’t include a form of noncancerous (benign) tumor that occurs in the chest and is sometimes called benign mesothelioma or solitary fibrous tumor.
Sometimes it is hard to tell the difference between malignant mesothelioma and lung cancer. Your doctor uses imaging tests and a biopsy to make the diagnosis. Malignant mesothelioma is often found when it is advanced. This makes it harder to treat. Treatment for a mesothelioma patient may include surgery, radiation, and/or chemotherapy.
If you suspect that you may have mesothelioma, you need to talk to your doctor and other medical experts right away. Your doctor will first take your medical history and perform a physical exam, and then decide if you need additional testing. There are several tests available including X-ray, pulmonary function test, computerized tomography scan (CT) and a lung biopsy among other tests.
The main risk factor for developing mesothelioma is exposure to asbestos. The risk of developing mesothelioma is largely dependent on the exposure amount and time frame. Most cases of mesothelioma have been linked to repeated asbestos exposure in the workplace. Asbestos is a group of minerals that occur naturally as bundles of fibers. These fibers, found in soil and rocks in many parts of the world, are made of silicon, oxygen, and other elements.
When asbestos fibers in the air are inhaled, they tend to stick to mucus in the throat, trachea (windpipe), or bronchi (large breathing tubes of the lungs). Chrysotile fibers tend to be cleared from the lungs by being coughed up or swallowed. But the long, thin amphibole fibers are harder to clear, and they may stay in the lungs, traveling to the ends of the small airways and penetrating into the pleural lining of the lung and chest wall. These fibers may then injure mesothelial cells of the pleura, and eventually cause mesothelioma.
Despite the fact that asbestos is classified as a known human carcinogen (a substance that causes cancer), it has been used in many products because of its heat and fire resistant properties.
Between the 1930s and 1970s, the use of asbestos in products increased dramatically. In that amount of time, asbestos could be found in about 3,000 widely used products. Products traditionally using asbestos include insulation, floor tiles, door gaskets, soundproofing, roofing, patching compounds, fireproof gloves, ironing board covers, and brake pads. But, asbestos has even been used in products such as hair dryers.
In 1973, under the Environmental Protection Agency’s Clean Air Act, spray applied asbestos products were banned for fireproofing and insulating. Going even further in 1989, the EPA enacted the Asbestos Ban and Phase Out Rule which was designed to eliminate the use of asbestos in manufacturing processes.
In 1991, the ban as overturned in Corrosion Proof Fittings v. the Environmental Protection Agency. However, six categories of products remained banned:
Contrary to popular belief, asbestos is not illegal in the United States. Although the use of Asbestos in products has decreased in the U.S., millions of Americans are still being exposed to asbestos in their workplace. Even today, more than 70% of the world still uses asbestos in products. People at risk of asbestos exposure in the workplace include:
It is estimated that about 3,000 people are diagnosed with mesothelioma each year in the United States. The rate of diagnosis increased dramatically between the 1970s and 1990s but since has become stagnant. However, rates are increasing in other parts of the world because of the continued use of asbestos in manufacturing.
According to The American Cancer Society, the average age for a pleural mesothelioma diagnosis is 72.
When asbestos workers are not adequately warned that their exposure to asbestos could result in mesothelioma or other debilitating lung diseases, the worker or family members may have legal options, including filing a mesothelioma lawsuit. The mesothelioma lawyers at TorHoerman Law specialize in toxic exposure lawsuits and have experience in mesothelioma lawsuits and asbestos exposure lawsuits. If you believe that you may qualify for a mesothelioma lawsuit or asbestos exposure lawsuit, contact a mesothelioma lawyer from TorHoerman Law today to discuss your potential legal options.
The mesothelioma lawsuit and asbestos exposure lawsuit allege that one or more parties had a duty to warn injured persons about the dangers of asbestos, failed to provide adequate warnings and that, as a result, the person(s) developed mesothelioma and you are entitled to damages for those injuries.
Before you begin the process of your mesothelioma lawsuit, you should mitigate your injuries by removing yourself from any potential asbestos exposure areas, seeking proper medical treatment, and following your doctor’s orders.
The first step to filing a mesothelioma lawsuit is hiring a personal injury lawyer to represent you as your mesothelioma lawyer.
After you have found a mesothelioma lawyer, you should familiarize yourself with the steps of a civil lawsuit, so that you are familiar with the timeline and process of a mesothelioma lawsuit.
Your mesothelioma lawyer will help you to gather evidence to support your mesothelioma lawsuit claim. Evidence may include but is not limited to medical records, work records, expert testimony, personal testimony, and bills associated with your injury.
This evidence will help to prove your damages – in many mesothelioma lawsuits, the plaintiff will demand both compensatory damages and punitive damages.
Your mesothelioma lawyer will determine liability – the party or parties are at fault for your asbestos exposure and subsequent injuries.
After gathering evidence, establishing liability, and outlining damages, your mesothelioma will seek compensation through a mesothelioma lawsuit settlement or verdict.
If you decide to file a mesothelioma lawsuit, mesothelioma victims or their survivors should contact a mesothelioma lawyer as soon as possible so they do not risk losing their legal rights completely. Each state has its own deadline, or statute of limitations, for allowing victims of asbestos cancer to file a mesothelioma lawsuit.
Another source of compensation for asbestos exposure is the asbestos trust fund.
A mesothelioma lawyer can submit a claim against an asbestos trust fund, which contains funds to pay out set amounts to individuals who were exposed to asbestos and developed mesothelioma or other injuries.
Find more detailed information about active Asbestos Trust Funds.
Asbestos trust funds originated in the 1970s, when it became clear that asbestos was the primary cause of mesothelioma. Many of the companies that produced or sold products containing asbestos began going bankrupt because of the mesothelioma lawsuits filed against them that were eventually settled. The money allocated to the trust allows for all current and future asbestos claims to be paid out to those injured.
In short, the trusts compensate workers injured by negligent companies that sold or manufactured products containing asbestos.
The first step in the legal process is to contact a mesothelioma lawyer for a free, no-obligation consultation. Your mesothelioma will review your work history, medical history and other facts pertinent to your case and advise you on your ability in filing a mesothelioma lawsuit.
Your mesothelioma lawyer will zealously represent you and provide compassionate counsel to you and your family during every stage of your case.
TorHoerman Law represents clients in 50 states and the attorneys serve as leaders in several national litigation efforts. Our veteran staff of investigators, medical staff, secretaries, paralegals, and case support personnel are skilled at providing the exceptional personal attention that your mesothelioma lawsuit deserves.
Contact TorHoerman Law today for a free, no obligation mesothelioma lawsuit consultation.
“Asbestos Trust Funds - $30 Billion for Mesothelioma Veterans and Families.” Mesothelioma Veterans Center, www.mesotheliomaveterans.org/compensation/asbestos-trust-funds/.
“Honeywell Must Face Asbestos Suit, Ohio Appeals Court Says.” Law360, www.law360.com/productliability/articles/1299514/honeywell-must-face-asbestos-suit-ohio-appeals-court-says?nl_pk=4ea5443d-d995-4317-90cc-b8209e697bbb&utm_source=newsletter&utm_medium=email&utm_campaign=productliability.
“Key Statistics About Malignant Mesothelioma.” American Cancer Society, www.cancer.org/cancer/malignant-mesothelioma/about/key-statistics.html.
Leer, Ben. “Why Isn't Asbestos Banned in the United States?” Mesothelioma Center - Vital Services for Cancer Patients & Families, 20 Nov. 2018, www.asbestos.com/blog/2012/09/17/why-isnt-asbestos-banned-in-the-united-states/.
Last Modified: August 11th, 2020 @ 11:42 am
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