The two daughters of a woman who died of second hand asbestos exposure will receive nearly $3.5 million in a lawsuit against Tennessee Valley Authority (TVA).

An Eleventh Circuit Court panel upheld all but $500,000 of the monetary award that was in dispute regarding TVA’s liability for a portion of the medical damages, which will be revisited.

Circuit Judge Ed Carnes authored the opinion that indicated Alabama laws can hold a company liable for death and damages to a person even if that person was never employed by that business, like in the case of second hand asbestos exposure.

James B., Barbara’s husband, was a laborer and labor foreman who worked most of his days at the Browns Ferry Nuclear Plant in Athens, Alabama. He died of a heart attack in 1997 after being diagnosed with lung cancer that was induced by his asbestos exposure.

In 2013, Barbara B. died of mesothelioma, a disease linked to long-term asbestos exposure. Her husband worked at TVA for 22 years where he swept insulation particles. Barbara’s daughters allege the asbestos fibers stayed on his clothing until he went home and Barbara shook out his clothing prior to laundering his clothes. Sometimes when she shook his work clothing, the room allegedly filled with what appeared to be fog from all of the asbestos particles in the air.

Second Hand Asbestos Case Hinged on Forseeability

Alabama’s laws focus on forseeability, and the court determined that the injuries to Barbara were foreseeable.

“TVA not only could foresee injuries from take-home asbestos exposure, it also created the risk of injuries to its employees’ family members by using insulation products containing asbestos and failing to take the steps it required to take in order to prevent its employees from carrying asbestos fibers off the premises and into their homes,” said the opinion.

Barbara washed her husband’s clothes twice a week for two decades. She was diagnosed with mesothelioma, allegedly from second hand asbestos exposure, in 2011. She endured the removal of two liters of fluid from the lining of her lungs, a rib removal and chemotherapy treatments. She suffered myriad painful side effects.

“TVA acted by using asbestos-containing products and it failed to act to prevent take-home asbestos exposure, and that, coupled with its knowledge of the risk of injury from the asbestos being taken home on employees’ clothes, warrants the conclusion that TVA violated its duty to prevent injury to [Barbara] and others like her,” stated the opinion.

TVA allegedly knowingly violated the company’s own safety regulations by not providing protective clothing to the laborers. Those working with and around asbestos were not afforded separate shower or locker areas unless they worked in specific areas.

The ruling also said that TVA knew about the risks of second hand asbestos exposure and how to lower the risks to family members, but did not take steps to ensure the employees’ families were protected from the known carcinogen.

The Second Hand Asbestos Lawsuit is Case No. 15-15271 in the U.S. Court of Appeals for the Eleventh Circuit.