Woman Files Mesothelioma Claim After Death of Loved One

A mesothelioma claim after death has been filed by a woman on behalf of her loved one against Energy  Competitive Holdings Company LLC, alleging that her loved one died after becoming exposed and diagnosed with asbestos mesothelioma.

Plaintiff Amy F. filed the mesothelioma lawsuit on behalf of James H. in the District Court for Dallas County.

According to the mesothelioma claim after death, James was a resident and citizen of the state of North Carolina. James became diagnosed with mesothelioma, an asbestos-related cancer, on May 15, 2015 and died on April 8, 2017.

The lawsuit says that for almost 30 years he was employed by Carolina Power & Light (CP&L). It was there that he was “regularly and proximately exposed to respirable asbestos fibers from products specified and materials manufactured…”

According to the lawsuit, James, as a result of developing mesothelioma, endured “physical pain and suffering, disability, mental anguish, emotional pain and suffering, loss of enjoyment of life and medical expenses.” He also continued to receive medical treatment for mesothelioma until his death, the mesothelioma claim after death lawsuit states.

Accusations against Energy Future includes that the company knew or should have known the severe adverse effects and hazards that can be caused by the exposure of asbestos. However, no warnings or information of potential asbestos exposure was provided to James or any other employees of the company.

Despite knowing the dangers of asbestos exposure, Energy Future allegedly “failed to take adequate steps to warn and instruct regarding measures to protect end users and others from a known occupational carcinogen, asbestos.”

The mesothelioma claim after death was filed on multiple counts including negligence, strict liability, vicarious liability, breach of implied warranties, fraudulent misrepresentation, and loss of consortium.

Overview: Asbestos Mesothelioma

According to the Mayo Clinic, mesothelioma is an “aggressive and deadly form of cancer.” Thus far, a cure has yet to be found. Mesothelioma develops in the in the mesothelium of the body, which is a thin layer of tissue that covers all major organs. Pleural mesothelioma is the most common kind of mesothelioma. It is one that affects the tissue of the lungs.

There are several signs and symptoms of pleural mesothelioma, according to the Mayo Clinic. These may include:

• Painful coughing
• Shortness of breath
• Chest pain below the rib cage
• Unexplained weight loss
• Lumps of tissue under the skin on your chest

Since the discovery of the severe adverse side effects associated with exposure to asbestos, which includes the development of mesothelioma, new uses of asbestos became banned by the U.S Environmental Protection Agency (EPA) in 1989.

Additionally, the International Agency for Research on Cancer (IARC), and the U.S. Department of Health and Human Services (HHS) have all classified asbestos as a substance capable of causing cancer; known as a carcinogen.

If you or someone you know has developed mesothelioma or any other adverse side effect because of asbestos exposure, you may be eligible to file a mesothelioma asbestos lawsuit.

The Mesothelioma Lawsuit is Case No. 3:18-cv-01183-N, in the District Court of Dallas County.