A new wrongful death lawsuit has been filed in a South Carolina court over a case of lung cancer due to asbestos exposure. The plaintiff is the daughter of the decedent, who purportedly was diagnosed with lung cancer from asbestos after working approximately 37 years at the Henry Co. in South Carolina.

The decedent, Andrew S., was diagnosed with lung cancer from asbestos, according to the new wrongful death lawsuit, on Oct. 13, 2015. He passed away a little over three months later on Jan. 23, 2016.

His daughter brings this case to court on behalf of herself and as representative of his estate. Carmen S., the plaintiff, names several defendants in this wrongful death lawsuit including the Crown, Cork and Seal Co., the Dow Chemical Co. and several other asbestos products manufacturers.

According to the asbestos lawsuit, the decedent inhaled and ingested asbestos fibers released from products which the defendants made, sold, distributed, or installed. Carmen alleges that the defendants knew of the dangers of asbestos long before the public became enlightened. She states that her father’s lung cancer from asbestos exposure could have been avoided by using substitute materials which were available.

She claims the lung cancer from asbestos exposure could also have been avoided by providing clear warnings to those that would handle the products in the course of their work and by giving access to protective equipment such as respirators.

While nothing can take back the loss of her parent, Carmen is seeking a trial by jury with a favorable decision on her behalf and that of her dad’s estate. She is filing for punitive damages to be accessed against the named defendants as well as up to $50,000 in compensatory damages for the pain and suffering the defendants’ negligence has caused her family.

Lung Cancer from Asbestos Exposure and Other Causes

While we generally associate a very specific type of cancer, mesothelioma, with exposure to asbestos fibers, lung cancer also occurs as a result of this exposure. The trouble with lung cancer—our most commonly diagnosed cancer in the U.S.—is that it is linked in the public mind with cigarette smoking. A person diagnosed with lung cancer might be a smoker, but the initial and most pervasive injury could center around embedded asbestos fibers which were inhaled at some point.

According to the Center for Disease Control (CDC), 4,800 lung cancer deaths occur each year as a result of asbestos exposure. Unfortunately, defendants take advantage of the link between smoking and lung cancer and often try to blame the victim.

The Lung Cancer from Asbestos Lawsuit is Case No. 18-L-53 in St. Clair County Circuit Court of South Carolina.