A couple from Tennessee alleges different manufacturing companies failed to warn of the link between asbestos and cancer. The couple alleges the husband had been regularly exposed to asbestos during his occupation, which eventually caused him to develop mesothelioma.
Plaintiff couple Barry E. and Elizabeth E. filed their lawsuit together alleging the long term health effects of asbestos exposure caused permanent damage to their marriage and quality of life.
According to their lawsuit, Barry had worked at two different civic centers in Tennessee from 1970 to 1985 as a Grip employee.
Barry says he regularly experienced asbestos exposure while performing his occupational duties, especially when working with the companies’ electrical products, boilers, pumps, valves, and insulation.
In addition, Barry was allegedly exposed to asbestos outside of his occupation when working on friends and family members’ vehicles, by working with brakes, gaskets, and clutches that reportedly contained asbestos.
Overall, Barry says he was exposed to asbestos for a number of years while being unaware of the devastating long term health complications. Barry is currently contending with the long term effects of mesothelioma, after being diagnosed with the disease in May 2018.
Barry opted to file legal action against CBS Corporation and other manufacturers, after discovering the companies either knew or should have known about the alleged correlation between asbestos and cancer.
Overview of Asbestos Carcinogenic Concerns
The alleged correlation between asbestos and cancer has been a prevalent concern in the medical community for decades, with federal officials placing strict regulations on its use and removal procedures.
According to OSHA, companies that produce or manufacture products that possibly contain asbestos must include a disclosure on their products, with employers required to provide appropriate protective equipment to their employees if the fibrous material may be present in the environment.
Asbestos is a fibrous material that was popularly used for insulation and other manufacturing purposes before the 1980s, for its fire and chemical resistant qualities. It became most popular during World War II, when a number of United States Navy vessels and shipyards implemented as asbestos for insulation piping.
However, the public has steadily become aware of the reported correlation between asbestos and cancer. When asbestos fibers are either inhaled or swallowed, they can become embedded in the lungs and cause severe scarring.
According to the Mayo Clinic, asbestos exposure can lead to the development of either asbestos lung cancer or mesothelioma, the latter of which is specifically linked to the fibrous material. Mesothelioma occurs when cancer manifests in the membrane that surrounds the lungs.
It is important to note that mesothelioma can take up 60 years to develop before the patient experiences symptoms, which means it is often diagnosed at a late stage, leaving the the patient with limited treatment options.
While first hand exposure is more common, people could also be at risk for second hand asbestos exposure if they handled the clothes of a loved one that works in a high risk occupation.
Barry and Elizabeth allege CBS and the other companies did not warn them against the carcinogenic risks of their products, which may have caused the mesothelioma. Barry and Elizabeth’s asbestos disease lawsuit is seeking damages for negligence and failure to warn, as well as loss of consortium.
This Asbestos Lawsuit is Case No. N19C-03-123 ASB, in the Superior Court of the State of Delaware.
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