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Mesothelioma suit moved from local court to federal jurisdiction

| Apr 2, 2013 | Products Liability |

When someone is diagnosed with an asbestos-related illness such as mesothelioma, it is usually devastating news. In some cases, the ill person may not have realized they even had any exposure to asbestos, at least directly. This seems to be the case with a West Virginia woman — who has since died — in a lawsuit that alleges her mesothelioma was brought on via asbestos exposure in two ways: from the remodeling of her home as well as from fibers her husband inadvertently brought home from his job.

It is uncertain how the suit will be decided; it was just moved from a county circuit court to federal court. There were multiple defendants originally but several of them had their claims dismissed or settled them out of court. One of the remaining defendants is one that the plaintiff alleged made products containing asbestos that were used in the renovation of her home.

The defendants have questioned the timing of the claims. One of the defendants, Ohio Power, said the woman’s husband only worked in a facility from which he could have brought home asbestos was between 1952 and 1955; the company that made the products that allegedly contained asbestos that the woman blamed for her illness apparently did not make such products until after 1955.

The complexity of the case — including multiple defendants, incidents that occurred decades ago and the death of the woman who originally sued — illustrates how an experienced asbestos claims attorney can be essential to navigating a case such as this one.

Source: The State Journal, “WV asbestos litigation case removed to federal court,” Andrea Lannom, April 1, 2013

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