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An Ohio appeals court has upheld a verdict in favor of a man who claims he developed Hodgkin’s lymphoma as a result of asbestos exposure.
The defendant, Ford Motor Company, initially appealed the jury verdict in favor of Plaintiff Brett Walker. The jury found that he developed Hodgkin’s lymphoma and asbestosis as a result of asbestos exposure while working for Ford from 1973 to 1997, as he claimed in his asbestos lawsuit.
Ford argued that Walker’s illness could not be caused by asbestos exposure and claims the trial court abused its discretion by admitting unreliable, unscientific expert testimony in support of Walker’s claim. Prior to the trial, the Industrial Commission of Ohio denied Walker’s claim for Workers’ Compensation benefits. As a result, Walker filed an appeal.
Judge Kenneth Rocco held that because Hodgkin’s lymphoma is not one of the occupational diseases specified in Ohio’s Workers’ Compensation system, Walker had the burden of showing his condition qualified as an occupational disease.
Ford took particular issue with Dr. Carlos Bedrossian’s expert witness testimony on the cause of Walker’s Hodgkin’s lymphoma. Bedrossian testified on the classifications of the different types of lymphomas and contended asbestos could cause lymphoma. However, Ford failed to rebut or challenge the testimony.
Judge Rocco explained that Walker presented sufficient evidence to support the jury’s verdict that he was entitled to participate in the Ohio Workers’ Compensation system for his disease.
Asbestos Related Diseases
Hodgkin’s lymphoma isn’t the only health problem linked to asbestos exposure, nor is it the deadliest. Exposure to asbestos fibers has been linked to asbestos cancer, asbestosis (scarring of the lungs that restricts breathing), asbestos mesothelioma (cancer of the lining of the chest cavity), and silicosis.
The chances of getting an asbestos-related illness increase as the level and duration of exposure to asbestos increases. Here is a look at more asbestos-related illnesses, starting with the most serious.
- Mesothelioma: A malignant form of cancer that attacks the linings of the chest wall and lungs or the lining of the abdomen.
- Lung cancer: It is established that exposure to asbestos can cause lung cancer, and the greater the exposure to asbestos, the greater the risk that lung cancer will crop up.
- Links to other illness: Asbestos exposure is known to cause other diseases and conditions, like pleural plaques, pleural fibrosis, pleural effusions, and small airway fibrosis. In addition, a causal connection is suspected between asbestos exposure and gastrointestinal tract cancers.
Asbestos Cancer Lawsuits
More than 600,000 victims have filed asbestos lawsuits in the past few decades alone and asbestos lawsuits have become some of the most expensive and intricate types of lawsuits in the history of U.S. court cases.
The majority of asbestos lawsuits consist of plaintiffs who have been diagnosed with malignant mesothelioma or other asbestos-related diseases after prolonged exposure to asbestos in the workplace.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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