Asbestos victims received a blow with a recent federal court ruling, upholding a lower trial judge’s decision to dismiss the claims of 12 plaintiffs represented by another law firm in a multi-district case for failure to supply extensive and specific exposure histories.
Our mesothelioma attorneys understand this failure was not in compliance with an earlier pre-trial court order. The submissions, the trial court judge ruled, were fatally flawed because they failed to include specifics of how and when the plaintiffs were exposed to the deadly fibers.
Of course, as we recognize, a question like this does not always have a straightforward answer. Because asbestos was so pervasive, particularly in the last century, it can be difficult to pinpoint the exposure that led to the fatal cancer. A person may have been exposed in numerous jobs, or during home renovation projects, working on one’s own vehicle, or by close contact with a spouse or relative who had suffered repeated exposure such that the dust remained on their clothing.
Matters are further complicated by the fact that the disease does not arise automatically. And, in fact, will take decades to be diagnosed. By then, memories fade. Records disappear. Proof of that exposure, even if it is properly recalled, may be difficult to find.
That’s why these cases require attorneys who are experienced and
thoroughly dedicated to extensive research before the case ever goes to
trial. In most cases, the legal process is lengthy. When you and your
family invest time and energy into the process, you need to know that
your attorney is going to ask the right questions, have the resources
to seek the necessary information and, of course, comply with judicial
orders. Our lawyers have been representing these victims successfully
for over 25 years.
Help for mesothelioma victims can be found at The Ferraro Law Firm by calling (888) 554-2030. Offices in Miami and Washington, D.C.
Third Circuit affirms Robreno’s dismissal of 12 cases from asbestos MDL; Plaintiffs failed to include exposure histories, June 11, 2013, By Jon Campisi, The Pennsylvania Record
More Blog Entries:
Mesothelioma Plaintiffs’ Rights Under Siege With “Transparency” Laws, Feb. 7, 2013, Asbestos Lawyer Blog