An Alabama federal judge has ruled in favor of a recent asbestos mesothelioma lawsuit, from the family of a woman who allegedly died from the devastating lung cancer.

The family was awarded $3.5 million after the family sufficiently proved that it was the asbestos fibers on Barbara B.’s husband’s clothes that caused her to develop mesoethlioma. The decedent’s husband worked as a cleaning worker at a nuclear plant, where he was exposed to asbestos on a daily basis.

The mesothelioma lawsuit names Tennessee Valley Authority as a defendant, stating that it had the civil duty of protecting the Barbara and her husband from asbestos exposure.

The asbestos mesothelioma lawsuit states that the defendant provided no protective equipment or preventative measures to her husband, nor did the company provide any warnings to Barbara about the dangers of asbestos exposure.

U.S. District Judge Charles Lynwood Smith Sr. agreed. He found that the defendant, who operated the Brown Ferry Nuclear Plant, had the civil responsibility of warning their employees about asbestos exposure, along with second-hand asbestos exposure.

Second-hand asbestos exposure is when family embers get exposed to the fibers, when accidentally inhaling them through their noses or mouths, from their family member’s clothes.

In February 2015, Judge Lynwood had sought clarification from the Alabama Supreme Court regarding the charge of second-hand exposure. At this point, the state’s high court declined to address the question, but Judge Lynwood stated that he was confident it would limit the finding of the charges.

Later on, in June 2015, Judge Smith had asked Alabama Supreme Court to consider what duties, if any, a business owner owes to any persons who did not work in their facility, but was still exposed to hazardous materials due to interacting with their employees.

Furthermore, Judge Lynwood had asked the higher court to evaluate the plaintiff’s argument that Alabama law can hold employers responsible for injuries related to asbestos exposure, depending on whether or not the damages were foreseeable.

Essentially, if the damages could have been prevented by the defendant but were not, Judge Lynwood states that the company should be held responsible for Barbara’s death; the supreme court has declined to answer these questions at this time.

Overview of Asbestos Mesothelioma Complications

Barbara died in September 2013 of aggressive mesothelioma, which is a rare form for lung cancer specifically caused by asbestos exposure; it attacks the pleural, or mucus, lining of the lungs.

Asbestos fibers can either be inhaled directly, or indirectly off of clothing like the decedent, through either the nose or mouth. When the fibers become lodged in either the lungs or stomach, the fibers set in the environment but eventually fester into cancerous cells.

According to the suit, Barbara had washed her husband’s clothes at least twice a week during the entirety of his employment at the plant, for 22 years. After Barbara was diagnosed, she filed legal action against Tennessee Valley Authority.

She filed in May 2012 after learning that the company could have prevented her disease; her asbestos mesothelioma lawsuit is seeking $8 million in damages for pain and suffering, and over $500,000 for medical expenses.

Barbara described the first round of treatment as the ‘Red Devil,’ due to the severe side effects she experienced like reduced appetite, experiencing pain when drinking fluids, and spewing raw flesh.

A year before her death, one of her ribs had to be removed, along with the pleural lining of one of her lungs. Judge Smith found that $3 million was an appropriate amount for the damages awarded, and had awarded her $500,000 in medical costs.

This Asbestos Mesothelioma Lawsuit is Melissa B., et al. v. Tennessee Valley Authority, Case No. 12-cv-01930, in the U.S. District Court of Northern Alabama.