A Victory, Dead or Alive

October 25, 2008

Nashville, TN The case of a young woman who contracted asbestos mesothelioma through second hand exposure made the news this September. She was exposed to asbestos from the time she was born--literally--because her father came home wearing clothes contaminated with asbestos.



She was born prematurely and had to remain in hospital for the first 3 months of her life. During that time her father came to visit her at the hospital, wearing his work clothes which were saturated with asbestos dust. He worked for Alcoa, the world's largest producer of aluminum for the aerospace industry, building and construction, and automotive and industrial products. Asbestos would certainly have been present in the manufacturing facilities.



So from the day of her birth through to the time she left home she was exposed to the asbestos fibers on her father's work clothes. When she was 25 she filed a negligence suit against Alcoa. And in September of this year the Tennessee Supreme Court found Alcoa guilty of negligence. By this time, however, the young woman was dead.

Asbestosis and asbestos mesothelioma represent a silent and deadly epidemic in the United States. According to statistics from the Asbestos Disease Awareness Organization (ADAO), the mineral kills more than 10,000 Americans, including children, every year.



The news from the National Center for Health Statistics and the Centers for Disease Control aren't encouraging either, with reported deaths from asbestos mesothelioma increasing steadily every year since 1980, when they began tracking asbestos related mortality.



In this instance, the woman's estate pursued the lawsuit after her death. Alcoa tried its best to get out of it, attempting to have the case dismissed, claiming that it owed no duty to the daughter. But as documents produced in court would reveal, Alcoa allegedly knew of the dangers of asbestos exposure. The court noted," Despite its extensive ... knowledge of the dangers of asbestos, Alcoa allegedly ... failed to inform its employees that they were working with materials containing asbestos; ... failed to provide its employees with or to require them to wear protective covering on their clothes; ... actively discouraged its employees' use of on-site bathhouse facilities for changing or cleaning; and ... failed to inform its employees of the dangers posed by the asbestos fibers on their work clothes."



The court went on to state, "Alcoa was a knowledgeable and sophisticated company that was fully aware ... that it used materials containing asbestos in its manufacturing operations ... that high volumes of asbestos fibers were being deposited on its employees' work clothes, and ... that exposure to asbestos fibers created a substantial health risk. ... had a duty to use reasonable care to prevent exposure to asbestos fibers not only to its employees but also to those who came into close regular contact with its employees' contaminated work clothes over an extended period of time. "



The court ruled that Alcoa did have a duty to people who regularly came into contact with asbestos-contaminated work clothes of its employees, in that it must prevent them from being exposed to a foreseeable and unreasonable risk of harm.



The Tennessee Supreme Court is not the first court to rule in favor of employees and their families in asbestos mesothelioma cases. Similar judgements have been made in Louisiana, New Jersey, California and Washington. And likely there will be more, similar rulings, as the number of asbestos mesothelioma lawsuits increases as a result of the number of people exposed to this deadly chemical through work.

Unfortunately, asbestos is still widely used in roofing materials, textiles, friction products, insulation, and other building materials. In fact it's estimated that 1.3 million construction workers still face significant exposure to asbestos during renovations, demolitions, and asbestos removal, and more than 27 million workers were exposed to asbestos between 1940 and 1980.



The latency period for developing asbestos mesothelioma can be up to 20 years, and that's only an educated guess. In truth, a clear understanding of the disease is still evolving. If you suspect that you or someone you know may have been exposed to asbestos, it might be an idea to get tested, and explore your legal options--because the Tennessee verdict represents a significant victory, not just for the estate of the young woman who died, but also for the living.