Karina Basso  |  September 1, 2014

Category: Consumer News

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cbs corp logoA Kansas woman filed an asbestos mesothelioma lawsuit against CBS Corporation for allegedly being exposed to asbestos-containing products, which led to the plaintiff developing mesothelioma.

Plaintiff Marjorie Ann Mehlin alleges that she was exposed to asbestos products and machinery that required asbestos-containing products during her day-to-day life and also experienced secondary exposure from her now deceased grandfather. As a result, on May 12, Mehlin was diagnosed with mesothelioma, allegedly caused by her exposure to asbestos.

According to Mehlin’s mesothelioma lawsuit, “Plaintiff Marjorie Ann Mehlin was exposed through her deceased Grandfather, Walter Scherer, on numerous occasions, to asbestos-containing products and/or machinery requiring or calling for the use of asbestos and/or asbestos-containing products produced and/or sold by Defendants and, in so doing, had inhaled great quantities of asbestos fibers.” Scherer worked as a laborer from 1945 to 1956 and was exposed to various types of asbestos-containing machinery and asbestos products.

Additionally, the mesothelioma lawsuits claims, “Despite the exercise of reasonable care and diligence, the Plaintiff Marjorie Ann Mehlin, did not discover that her injuries may have been caused by the Defendants’ asbestos containing products until a date less than three years from the filing of the Original Complaint in this case.”

Although Mehlin cannot identify every harmful exposure to the asbestos products, she has claimed that in her mesothelioma lawsuit and in the court proceedings, she will demonstrate how CBS and the associated companies represented a large share of the asbestos-containing product market. As a result of her grandfather’s alleged primary exposure to asbestos, Mehlin received secondary exposure to the asbestos fibers, which allegedly caused mesothelioma lung cancer. CBS, which decades earlier was the industrial powerhouse Westinghouse Electric Corp., is named in numerous asbestos lawsuits.

In the CBS mesothelioma lawsuit, Mehlin and her legal counsel allege that CBS Corporation and the additionally named defendants are at fault for strict product liability, negligence, conspiracy, punitive damages, and other allegations. Marjorie Ann Mehlin and her husband are seeking relief from the defendants in the form of compensatory damages, punitive damages, payment of attorney’s fees, and any other relief deemed just by the court.

The CBS Mesothelioma Lawsuit is Mehlin, et al. v. CBS Corporation, et al., Case No. 1:14-cv-00819, in the U.S. District Court for the Eastern District of Wisconsin

Background on Mesothelioma Cancer

Mesothelioma is a rare form of cancer that results from exposure to asbestos and asbestos-containing materials. When an individual inhales asbestos fibers, these particles can become trapped in the lung or lung lining. Over time, these asbestos fibers can accumulate and cause inflammation, scars and tumors in the lung or lung lining, and eventually lead to an individual developing mesothelioma.

Recently, medical evidence has demonstrated how one does not need direct exposure to asbestos material to develop mesothelioma. Family members of individuals who work with asbestos products can also inhale asbestos fibers through secondary exposure from living in close quarters. As a result, many individuals and their families have filed mesothelioma class action lawsuits against companies that exposed their workers to asbestos-containing material.

Mesothelioma results in more than 4,800 deaths a year within the United States. The leading cause of mesothelioma is asbestos exposure. Many individuals may have been exposed to asbestos without their knowledge either at home or on the job. Because of the long latency period, most individuals will not be diagnosed with mesothelioma do not express symptoms until 15-35 years after the initial exposure.

Occupational Exposure to Asbestos

Individuals who have held certain trade professions are at a markedly higher risk of mesothelioma lung cancer. These occupations include:

  • Shipyards workers
  • Auto mechanics
  • Paper mill workers
  • Construction workers
  • Textile workers
  • Insulation installers
  • Sheet metal workers
  • Roofers
  • Toll collectors
  • Tilers
  • Linotype technicians
  • Plumbers

In these occupations, working individuals may have had prolonged exposure to asbestos in enclosed spaces with little to know protective gear. Family members of individuals who have held such trade professions may have had secondary exposure to asbestos fibers.

In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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