An asbestos lung cancer widow receives a favorable ruling after a Kentucky appeals court reversed a decision made in a lower court.

The appellate court found that plaintiff Thelma A., along with her now deceased husband Kenneth, showed enough evidence to prove that defendants Zenith and Motorola Solutions manufactured radios that contained asbestos which exposed Kenneth to the deadly fibers while he worked as a radio and television repairman for more than 10 years.

The lower court originally ruled in the asbestos lung cancer lawsuit that plaintiffs Thelma and Kenneth did not show enough evidence about whether the radios that he worked on contained asbestos parts. However, according to the three-judge appeals panel, the evidence was sufficient.

The appeals court cited that Kenneth claimed to have worked on Zenith and Motorola radios with fiber heat shields and both companies acknowledged that they manufactured radios with asbestos fiber heat shields.

According to expert testimony in the mesothelioma lawsuit, the heat shields manufactured by Motorola and Zenith contained “very high” levels of asbestos.

The panel wrote in its opinion that if a case is supported by evidence of some probative value then the “issue of causation is one that should be made by a jury instead of a judge on summary judgement.”

Plaintiffs Thelma and Kenneth filed the asbestos cancer lawsuit in 2012 just months after Kenneth’s diagnosis. Kenneth passed away in 2014.

Asbestos Exposure Risks

Recent studies have linked asbestos exposure to the cause of death of 12,000 to 15,000 individuals in the U.S. each year. Mesothelioma is a type of lung cancer that is almost exclusively associated with continuous and repeated exposure to asbestos fibers.

Asbestos mesothelioma develops as the tiny, jagged asbestos fibers are inhaled and build-up in the lungs. Over time, the fibers that are 700 times smaller than a human hair lead to cancerous development in the cells. Asbestos lung cancer can take decades before showing symptoms but it can spread throughout the body in just a few months.

Unfortunately, asbestos cancer is typically diagnosed when in an advanced stage but there are some symptoms to watch out for. Mesothelioma symptoms may include chest pain, retaining fluids, fatigue, shortness of breath, coughing, and abdominal swelling.

Those who are at an increased risk of developing asbestos lung cancer are employees who work directly with the material. However, studies show that family members of asbestos workers are also at risk due to secondary exposure. Professionals come home with the invisible fibers clinging to their hair, clothes and tools and inadvertently expose their loved ones to the asbestos.

Asbestos Mesothelioma Lawsuits

Asbestos lung cancer lawsuits are one of the largest litigation movements in U.S. history as more than 600,000 plaintiffs have filed so far. In general, plaintiffs claim that companies did not warn workers of the risks of mesothelioma due to asbestos exposure. Some plaintiffs allege that they were not given proper safety equipment such as masks or proper ventilation. Others claim that companies knew of the risks of asbestos exposure but did nothing to inform employees of the risks involved. 

Contact a mesothelioma attorney to find out if you can file an asbestos lawsuit either as an individual or by joining a asbestos mesothelioma class action lawsuit.

The Asbestos Lung Cancer Lawsuit is Thelma A. v. Motorola Solutions Inc., Case No. 2013-MR-001350-MR, in the Court of Appeals of Kentucky.