In mid-September, Union Carbide Corp. could not dodge an asbestos lung cancer lawsuit filed in federal court by a Maryland man who alleges his wife died of asbestos lung cancer, which she allegedly contracted from asbestos fibers stuck to his work clothing that she washed on a weekly basis for years.

The presiding U.S. District Judge William D. Quarles Jr. partially denied Union Carbide’s motion to dismiss the asbestos lawsuit, ruling that the plaintiff has enough evidence to plead his wife developed mesothelioma asbestos lung cancer from secondary exposure to the carcinogenic material.

Lead plaintiff Melvin F. Sherin alleges his wife died from a fatal case of mesothelioma asbestos lung cancer, which he claims “[was] caused by asbestos fibers she inhaled during the construction of her home and while washing the clothing Mr. Sherin wore while visiting construction sites as a carpet salesman.”

According to the asbestos lung cancer lawsuit, the Sherins bought an underdeveloped lot in Maryland in 1968 and began construction on the property in the spring of the following year.

For almost a year, Mr. and Mrs. Sherin visited the home construction site on a daily basis. During these visits, Mr. Sherin claims he saw buckets of “Georgia-Pacific” and “Gold-Bond” joint compounds, products manufactured and sold to the contractors by Union Carbide. These products, when used, created “tremendous” clouds of dust, which Sherin alleges contained carcinogenic asbestos fibers.

Additionally, Mr. Sherin worked as a sales representative for carpet manufacturer Crown Products from 1968 to 1976. For his job, Mr. Sherin was obligated to visit construction sites that also allegedly used Union Carbide products about eight to 10 times a month.

Any clothing worn by Mr. Sherin was allegedly washed by his wife when he returned home.

According to the asbestos lung cancer lawsuit, expert witness Doctor Abraham testified, “if laundering [Mr. Sherin’s] clothes created aerosolized asbestos fibers that [Mrs. Sherin] inhaled, that would be part of her cumulative exposures and part of the causation of her mesothelioma.” The doctor further explained that every asbestos exposure to Mrs. Sherin would increase her risk of developing mesothelioma asbestos lung cancer.

This asbestos lung cancer lawsuit is still in litigation despite Union Carbide’s attempts to dismiss the claims of negligence and failure to warn by Mr. Sherin and others.

The Asbestos Lung Cancer Lawsuit is Sherin, et al v. John Crane-Houdaille Inc., et al., Case No. WDQ-11-3698, in the U.S. District Court of Maryland.

Occupational Exposure to Asbestos

Certain trade professions have a higher chance of unknown asbestos exposure and therefore are at a higher risk of developing asbestos lung cancer. Occupations with a high risk of asbestos exposure include:

• Auto mechanics
• Shipyards workers
• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

These individuals are especially at a high risk of developing asbestos lung cancer, because many of these professions require that employees to work in small, enclosed spaces with little to no protective gear. Additionally, according to recent studies, these workers may have unknowingly exposed their family to asbestos fibers stuck to their work clothing, and thus these family members developed asbestos lung cancer through secondary exposure.

Melvin Sherin is not the only individual to file an asbestos lung cancer lawsuit on behalf of an affected family member. Many employees and families of employees have filed asbestos lung cancer lawsuits or joined asbestos lung cancer class action lawsuits against companies who allegedly knowingly exposed their workers to asbestos fibers and materials without prior warning.