The family of a man in California has been awarded nearly $13 million in a settlement following a second hand asbestos exposure lawsuit he has filed against the company his father was employed at for forty years.

The family of Mark L. was recently awarded non-economic damages of $11 million on top of an additional $1.96 million in economic damages because Mark died at the age of 61 as a result of asbestos mesothelioma.

Mark’s father worked for Hillshire Brands, Co., now known as Tyson Foods, for around forty years. He worked for the company’s sugar refinery plant and between 1954 and 1972, when the family lived in employee housing in an area surrounding the plant.

This area is called Betteravia and included 60 homes, a hotel, school, post office, general store, gas station, church, fire department and recreational center. Mark’s family lived in this area for almost 20 years. Later, his family moved, but Mark’s father continued to work for Hillshire Brands.

Mark’s family claims that Mark’s terminal asbestos mesothelioma was due to second hand asbestos exposure due to asbestos fibers that were brought in the family home by Mark’s father and other family members who worked for the sugar refinery.

Second hand asbestos exposure occurs when family members come into contact with or handle the clothing of a person who has been exposed to asbestos, usually in an industrial employment setting.

Mark’s family believed that during his childhood and during the time he lived with his father and other family members who worked for Hillshire Brands, he experienced second hand asbestos exposure that ultimately led to the development of asbestos mesothelioma.

Allegedly, twice a year the plant would be closed down so that workers could remove asbestos from the Hillshire Brands plant. Large quantities of asbestos were used as insulation in the sugar refinery.

When this asbestos was removed, it would be processed and repurposed to be used as stucco. However, Mark’s family claims, a large amount of asbestos was released into the air and coated the workers’ clothing. Because of this, Mark and other family members may have suffered from second hand asbestos exposure.

Additionally, the family of the deceased claims that leftover asbestos from the refinery was taken regularly to a nearby dump site where all the children, including Mark, from the small community of Betteravia would play.

Allegedly, the medical and scientific industry was aware that asbestos was highly dangerous and that exposure of any kind, including second hand asbestos exposure, was unsafe and could cause severe health risks.

The family’s second hand asbestos exposure lawsuit asserts that the company had a duty to warn workers and families of the risks of all kinds of asbestos exposure, including second hand asbestos exposure. The company also had a duty to make sure that the working environment was safe.

If you or someone you love has become ill due to any kind of asbestos exposure including second hand asbestos exposure, you may benefit from speaking with an experienced attorney.