Emily Sortor  |  July 5, 2018

Category: Labor & Employment

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3M Must Face Claims That Respirators Did Not Protect Against Mesothelioma Cancer3M must face a lawsuit claiming that the company’s respirators are ineffective in protecting from asbestos exposure, causing mesothelioma cancer.

Despite the company’s claims to have the class action lawsuit dismissed, a judge ruled that 3M must go to court to face claims that they falsely represented their face masks as safe and effective. The 3M face mask asbestos lawsuit was filed in Wisconsin by plaintiffs Elvira K. and Herbert S., employees of the Weyerhaeuser Company who claim they developed mesothelioma cancer after using 3M masks on the job.

The employees are filing claims of negligence and strict liability against 3M, claiming that the face masks did not sufficiently protect them from exposure to asbestos, which led them to develop mesothelioma cancer. They claim that they were instructed to wear 3M face masks while working in areas of the Weyerhaeuser contaminated with asbestos.

Despite 3M’s efforts to have the face mask lawsuit thrown out, the judge determined that Elvira and Herbert had presented sufficient evidence that 3M knew or should have known that the face masks were ineffective in preventing asbestos exposure. As a result, the case will move on to go before a jury.

In their 3M lawsuit, Elvira and Herbert noted that 3M conducted testing on the face masks between 1972 and 1978. The testing allegedly revealed that the face masks did not meet safety criteria set out by the National Institute of Occupational Safety and Health (NIOSH). Allegedly, 3M did not report these findings to the institute or to the U.S. Bureau of Mines.

According to the judge, a reasonable jury might find that this information could imply that 3M knew that their face masks might be insufficient in protecting against asbestos exposure, and that the company actively continued to sell the face masks.

Elvira and Herbert claim that the company knowingly endangered the health of people who rely on the masks to protect them from exposure to dangerous substances like asbestos. However, Elvira and Herbert will still have to sufficiently show that the face masks not only did not protect from asbestos exposure, but were a large contributing factor in them later developing mesothelioma cancer.

Mesothelioma cancer is one of a number of dangerous conditions that can be caused by asbestos exposure. Asbestos is a naturally occurring mineral that was long used for insulation material because it is resistant to heat.

In the mid 20th century it was discovered that asbestos can cause a range of health problems including mesothelioma cancer when it is breathed in. Because of this, asbestos is no longer used in building materials.

However, because asbestos is not dangerous if it is not in the air, many older buildings contain asbestos, and people are exposed to it nonetheless. Many people are still exposed to asbestos is they spend a lot of time in older buildings in which materials containing asbestos are being disturbed or are deteriorating.

In particular, people who work in renovation, construction or cleaning of old buildings are at risk of asbestos exposure.

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 mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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