At the beginning of May, a Chicago federal court denied a plaintiff’s “any exposure” argument to support his asbestos related condition claim and ruled against him in this asbestos lung cancer lawsuit filed against ExxonMobil and Owens-Illinois.

According to the jury’s ruling in this asbestos lung cancer trial, they found that the plaintiff’s lung cancer condition was most likely caused by his cigarette smoking habit (about a pack and a half per day) rather than his previous work as pipefitter, which allegedly exposed him to asbestos fibers.

77-year-old plaintiff Charles K. filed his asbestos lung cancer lawsuit in 2010 against the above-named defendant companies, as well as others, just two years after he was allegedly diagnosed with lung cancer. He alleges that he was exposed to asbestos fibers between the 1950s and 1990s, when he worked as a pipefitter in buildings where asbestos-containing materials and products were used, causing him to later develop asbestos lung cancer.

This asbestos lung cancer lawsuit went to jury trial in Illinois federal court last month. During the months leading up to this asbestos lung cancer lawsuit trial, the plaintiff and defendants argued whether or not certain expert witness would be allowed to testify on behalf of the plaintiff. The parties involved in this asbestos lawsuit also argued over what exactly these expert witnesses would be allowed to tell the presiding jury.

Particularly, Charles’ legal counsel argued for the inclusion of expert witnesses’ testimony regarding the “any exposure” asbestos theory, which states that any asbestos exposure results in a personal injury and should therefore be considered a potential cause of cancer. ExxonMobil and Owens-Illinois’ attorneys, however, fought back, arguing this “any exposure” theory did not have a “toxicological basis,” making the plaintiff’s argument scientifically unreliable and therefore should be barred from court.

A few months before the trial, the judge agreed with the defendants, ruling that the plaintiff’s expert witnesses needed to provide the court with specific testimony concerning Charles’ asbestos exposure, and would not simply tell the jury the general effects of asbestos exposure and the “any exposure” theory.

During the trial, the plaintiff admitted to smoking about a pack and a half a day for three decades before he quit in the early 1980s. As a result, the jury ruled that Charles’ cigarette smoking habit was the “sole proximate cause” of his lung cancer diagnosis, though they left the question of the defendant’s alleged negligence in this asbestos lung cancer lawsuit unanswered.

Asbestos Lung Cancer

Asbestos lung cancer is a type of cancer that develops because of an individual’s long term exposure to asbestos fibers. When a worker inhales asbestos fibers, these carcinogenic materials becomes trapped in the lung lining, scarring the lungs and lung lining and eventually developing into cancer. According to the Mesothelioma Center, 4,800 cases of asbestos lung cancer are diagnosed every year within the United States.

Not only are these individuals working in professions where asbestos or asbestos-containing materials are used at a high risk of developing asbestos lung cancer because of their asbestos exposure, but they also may unknowingly exposing their family to asbestos fiber when they come home with the fibers still present on their clothing. These family members may develop asbestos lung cancer through this secondary asbestos exposure.

Because of these health dangers, many employees and families of employees have filed asbestos lung cancer lawsuits or joined asbestos lung cancer class action lawsuits against companies who neglectfully expose their workers to asbestos.