A wrongful death asbestos mesothelioma lawsuit was recently time-barred due to the statute of limitations on the asbestos mesothelioma lawsuit.

After parties debated on when the two-year period began, it was determined that the period began when the asbestos mesothelioma was discovered and not the date of death.

Margaret K. was diagnosed with mesothelioma on June 17, 2011. This mesothelioma was allegedly caused by asbestos exposure. Just over a year later, she died on July 9, 2012.

The wrongful death asbestos mesothelioma lawsuit was filed on Jan. 9, 2014 against General Electric Company by plaintiff Elizabeth W. as the administratrix of Margaret’s estate.

As the asbestos mesothelioma lawsuit observed, this was “more than two years after the mesothelioma diagnosis but less than two years after the Decedent’s death.” It was argued that the statute of limitations should apply from the date of death in wrongful death lawsuits.

While the statute of limitations is clear that an individual has two years to file an asbestos lawsuit following confirmation or diagnosis of asbestos mesothelioma or asbestos lung cancer, the plaintiffs argued that “the statute does not support its application to a wrongful death claim, and that prior law supplies the statute of limitations for wrongful death actions.”

The court disagreed with this reading and determined that “the statute is not ambiguous.” It was decided that the statute of limitations expired on June 17, 2013, several months before the asbestos mesothelioma wrongful death lawsuit was filed.

Asbestos Mesothelioma

Many individuals have developed dangerous asbestos lung cancer or asbestos mesothelioma after being exposed to asbestos through their work or living environment. While asbestos is currently no longer used in new buildings or products, it was commonly used across the nation for decades. Buildings built as late as 2000 may contain asbestos.

Individuals who worked in construction, roofing, shipyards, and many other work places were particularly at risk of developing potentially deadly cancer. Today, many individuals who complete construction and similar tasks by themselves may unwittingly be putting themselves at risk of developing asbestos mesothelioma.

Asbestos can remain in the body for decades before developing into mesothelioma. Many individuals were diagnosed more than  30 years after initial asbestos exposure.

As a result, many asbestos mesothelioma lawsuits or asbestos lung cancer lawsuits have been filed against employers, manufacturers and others who allegedly put their employees or other individuals at risk without adequate warning or safety precautions. Numerous wrongful death lawsuits have also been filed on behalf of those who have died from disease caused by asbestos exposure.

While this asbestos mesothelioma lawsuit was time-barred, others have been successful.

This Asbestos Mesothelioma Lawsuit is Case No. 470 WDA 2014, in the Superior Court of Pennsylvania.