Asbestos Widow Diagnosed with Mesothelioma Prevails in Court
When Lorraine Sprague was diagnosed with malignant mesothelioma, it likely came as little surprise. Her husband David had died of asbestos-related lung cancer years earlier after decades of working with Fel-Pro gaskets that were contaminated with the carcinogenic material. The asbestos widow filed suit against the company, and despite the efforts of their attorneys, succeeded in having her case allowed to be heard.
Asbestos Company Files Motion to Stop Mesothelioma Victim’s Lawsuit
Years after her husband died of asbestos-related lung cancer, Mrs. Sprague filed a lawsuit against Fel-Pro accusing the company of causing her malignant mesothelioma diagnosis. She claimed that asbestos fibers from the company’s products was carried home on her husband’s work clothes, and that she inhaled those fibers while washing his clothing.
Prior to his own illness, Mr. Sprague had worked as an oiler/wiper and tugboat/marine engineer between the early 1960s to the late 1980s. Though the mesothelioma victim’s story was compelling and she had provided fact witnesses that testified to having seen Fel-Pro brands among the supplies at her husband’s worksite, Fel-Pro filed a motion to have the case dismissed, arguing that the testimony was “speculative and conclusory,” and that she had not produced enough evidence that it had been their specific products to which her husband had been exposed.
Judge Sides With Mesothelioma Victim
In considering the arguments from both sides, Justice Adam Silvera of the New York City Asbestos Litigation Court determined that Mrs. Sprague’s claim was sufficient to move forward, and that rather than meeting its burden to show that their product could not have caused her mesothelioma, Fel-Pro had instead simply pointed to gaps in her case. The judge noted that the company had also not argued that their gaskets didn’t contain asbestos. In his ruling he wrote in part, “Defendant has provided no evidence that their product did not create visible asbestos dust, which could have gotten onto Mr. Sprague’s clothing and been inhaled by plaintiff at home for a span of over two decades.” The motion to dismiss was denied and the case was able to move forward
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