Skip to content
Menu
Mesothelioma Lawyer CenterSponsored by Attorney Paul Danziger

Call to learn about getting your best possible financial compensation

800-793-4540
  • Legal Options
    • Pleural Mesothelioma Lawyer
    • Peritoneal Mesothelioma Lawyer
    • Mesothelioma Legal Advice
    • Mesothelioma Law Firms
    • Mesothelioma Claims
    • Mesothelioma Lawsuits
    • Class Action Mesothelioma Lawsuit
    • Mesothelioma Compensation
    • Asbestos Trust Funds
    • Mesothelioma Settlements
    • Mesothelioma Verdicts
    • Asbestos Lawyers
    • Mesothelioma Wrongful Death
    • Mesothelioma Personal Injury
    • Determining Case Value
    • Trust a Mesothelioma Commercial?
    • Mesothelioma Case Rejected?
    • Lawyers by State
    • Mesothelioma Lawyers in Canada
  • Mesothelioma
    • Mesothelioma Treatment Guide
      • Top Mesothelioma Doctors
      • Top Mesothelioma Cancer Centers
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Alternative Treatments
      • Mesothelioma Treatment Costs
    • Mesothelioma Symptoms
    • Mesothelioma Diagnosis
      • Mesothelioma Prognosis
      • Mesothelioma Life Expectancy
      • Mesothelioma Remission
      • Mesothelioma Support
    • Mesothelioma Causes
    • Mesothelioma Types
      • Pleural Mesothelioma
      • Peritoneal Mesothelioma
      • Pericardial Mesothelioma
    • Mesothelioma Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Frequently Asked Questions
    • Mesothelioma Statistics
    • Mesothelioma and Talcum Powder
      • Talcum Powder Lawsuits
    • Mesothelioma and Women
    • Mesothelioma Misconceptions
    • Mental Health
  • Veterans
    • Veteran Claims
    • Navy
      • Ships and Asbestos
      • Shipyards and Asbestos
    • Air Force
    • Army
    • Coast Guard
    • Marines
    • Frequently Asked Questions
  • Asbestos
    • Asbestos Cancer
    • Asbestos Diseases
      • COPD
      • Interstitial Lung Disease
      • Lung Cancer
      • Pleural Effusion
    • Asbestosis
    • Asbestos Exposure
    • Asbestos Manufacturers
    • At Risk Jobs
    • Asbestos Industry Cover-ups
    • Asbestos Laws
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
Home / Blog / Pennsylvania Widow Fights for Justice Following Husband’s Mesothelioma Death

Pennsylvania Widow Fights for Justice Following Husband’s Mesothelioma Death

Published on August 01, 2022
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

When Darlene Data’s husband Michael died of malignant mesothelioma she took legal action, filing personal injury lawsuits against several companies whose asbestos-contaminated equipment she blamed for her husband’s illness. Though mesothelioma plaintiffs face significant challenges in gathering proof of exposure that took place decades earlier, the Pennsylvania courts have created special allowances that give victims the benefit of the doubt.

Justice

Navy Veteran’s Mesothelioma Arose After Multiple Asbestos Exposures

Michael Data’s malignant mesothelioma arose after exposure to multiple asbestos products. After serving in the U.S. Navy from 1969 through 1973, he went on to work at the Crane company  from 1973 through 1974, then on to Mesta Machine from 1974 to 1982, and then finished his career working at the West Pittsburgh Power Station from 1983 to 2009. At each of these locations he worked with equipment contaminated with asbestos, and her lawsuit names many of those companies.

One of the asbestos companies named as a defendants in Mrs. Data’s mesothelioma lawsuit filed a motion for summary judgment, asking for her case against them to be dismissed for lack of evidence. Though her claim was supported by evidence that had been used in previous asbestos-related personal injury lawsuits, as well as Mr. Data’s deposition prior to his death and receipts indicating that his employers had purchased Joy Global Underground Mining’s air compressors, the company argued that the presence of their equipment in his workplace was not the same as proving that he had actually worked with it or been exposed to asbestos from it.

Judge Notes Pennsylvania’s Evidence Rules for Mesothelioma Cases

In handing down her decision on the case, Chief Magistrate Judge Cynthia Reed Eddy noted that “Pennsylvania courts have recognized the difficulties facing plaintiffs bringing asbestos-related litigation ‘where they have unquestionably suffered harm on account of a disease having a long latency period and must prove specific causation under prevailing Pennsylvania law which may be insurmountable.’…. The plaintiff must do more than show the mere presence of asbestos in the workplace, he must prove he worked in the vicinity of a specific manufacturer’s product.”

She went on to say that in the case of Mr. Data’s mesothelioma, Pennsylvania’s courts have ruled that “the court should apply a ‘less stringent’ test where the plaintiff produces direct evidence of exposure to a particular defendant’s product and applicable here, in cases involving mesothelioma, the frequency and regularity requirements should be ‘less cumbersome.’” Based on that she determined that the widow had provided enough evidence to survive summary judgment and the case can continue for a jury to decide.

Free Financial Compensation Packet

    Financial Compensation Packet
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >

FREE Financial Compensation Packet

  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >
Financial Compensation Packet
Calculate Your Case Value >
Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

Full bio and contact info

Navigation
  • Home
  • Legal Options
  • Mesothelioma
  • Veterans
  • Asbestos
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
  • Blog
Contact Information
Office Address:
1225 North Loop West Houston, Texas 77008

Handling mesothelioma cases nationwide

Call to learn about getting your best possible financial compensation

800-793-4540

Follow Us
MesotheliomaLawyerCenter.Org BBB Business Review
Sponsor: Paul Danziger, Attorney

The information provided by MesotheliomaLawyerCenter.org is not a substitute for professional medical advice, diagnosis, or treatment.

  • Disclaimer
  • Privacy Policy
  • Editorial Standards
  • Contact Us
©2023 | MesotheliomaLawyerCenter.org