Mesothelioma Lawsuit Seeks Loss of Consortium for Husband
By Matt O’Donnell
Loss of consortium claims in mesothelioma lawsuits are becoming more common, as evidenced by a recent lawsuit filed in June 2012 by California resident Luis Beltran against Union Carbide, Ford Motor Company, and others. Luis is suing the defendants for loss of consortium stemming from the death of his wife, who contracted mesothelioma after being exposed to asbestos due to the negligence of the defendants. Luis and Maria were married over 30 years. According to his mesothelioma loss of consortium lawsuit, Luis’s wife Maria was exposed to asbestos while working for Union Carbide and Ford Motor Company and subsequently developed mesothelioma, a rare lung cancer. The term “loss of consortium” refers to the loss of the right to marital company or affection, including the loss of companionship, affection, help and sexual relations from a spouse. When a spouse becomes significantly disabled or passes away as a result of negligent actions, a loss of consortium claim can be made by the non-injured spouse against the defendant responsible. This claim can be made separately in an individual mesothelioma lawsuit by the non-injured spouse, or can be incorporated in the primary asbestos mesothelioma lawsuit filed by or on behalf of the injured spouse. In the case of Luis Beltran, he is suing Union Carbide and Ford Motor Company because he lost sexual intimacy with his wife during the marriage due to the neglect of the defendants. Had his wife not contracted mesothelioma by way of asbestos exposure through the defendants, he and his wife would have continued to enjoy one another, his lawsuit says.
Updated August 7th, 2012
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