In August the Meso Blog reported on two recent court decisions that differed significantly in regard to whether mesothelioma victims who contracted the disease as a result of second-hand exposure to asbestos fibers brought home on a family members' clothing, had a right to receive compensation for their injuries. (See Appeals Court Sets Precedent in Mesothelioma Case, posted on August 27th and Michigan Court Finds No Duty to Household Member for Asbestos on Worker's Clothing, posted August 22nd).

The 8/27 post dealt with the case of Rochon v. SaberHagen Holdings, Inc., in which the Washington state Court of Appeals ruled that the employer paper mill had a duty to protect a worker’s family as well as the worker against injury from “an unreasonable risk of harm it had itself created”. This precedential ruling paves the way for hundreds of family members who have suffered from second-hand asbestos exposure to file suit and have their cases heard by a jury. The earlier 8/22 post reported on Miller v. Ford Motor Co. in which the Michigan Supreme Court considered whether a defendant property owner had a legal duty to protect a third party non-employee who had never been on or near its property, from exposure to asbestos fibers carried home on a household member’s clothing. There, the Court determined that the relationship between Carolyn Miller and Ford Motor Co. was “highly tenuous”, such that it did not warrant the imposition of that duty.

These are but two examples of inconsistent rulings with regard to 'take-home' asbestos suits. An article posted in today's National Law Journal (subscription only) takes a closer look at the Rochon and Miller cases, as well as similar cases from other jurisdictions which have reached mixed results on the issue of compensation for victims of second-hand exposure. Defense attorneys say that they are seeing a growing number of 'take-home' asbestos suits, most of which are being filed by women who are claiming to have been exposed to asbestos fibers brought into the home on the clothing of male family members who worked with or were exposed to asbestos on the job. Employers, they say, are concerned about decisions like that in Rochon which they fear will open the floodgates to the filing of an unprecedented number of second-hand asbestos exposure cases. The Plaintiff's bar, on the other hand, welcomes such decisions as "long overdue" for 'take-home' exposure victims who suffer from mesothelioma and other asbestos-related diseases. Either way, with the increase in second-hand exposure cases, this will continue to be a hot issue in asbestos litigation.

Below is a flyer from MARF regarding National Meso Awareness Day.

"NATIONAL MESO AWARENESS DAY -- SEPTEMBER 26TH"

Warren Zevon, musician and songwriter, died of mesothelioma. With the approval of

Today is the day to spread the word about Mesothelioma in your community and beyond! It is also a day to honor those struggling and those we have lost to this terrible disease and their families.

Federal prosecutors scored a victory yesterday in their case against chemicals and materials giant W.R. Grace when a three-judge panel of the U.S. Court of Appeals for the 9th Circuit in San Francisco reinstated a conspiracy charge against Grace and six of its former executives. Prosecutors had claimed that the defendants were part of a conspiracy to knowingly endanger workers and residents of Libby, Montana by exposing them to dangerous asbestos fibers. Grace mined and processed the asbestos-containing mineral vermiculite near Libby for nearly three decades, from 1963 to 1990. Over 1200 people who lived and worked near Libby have developed asbestos-related diseases such as asbestosis and malignant mesothlioma. Asbestos injury claims forced Grace into bankruptcy in 2001. This ruling overturns an earlier decision by U.S. District Court Judge Donald S. Molloy who last year threw out the conspiracy charge on the ground that prosecutors waited too long to file it, and ruled to limit evidence critical to the prosecution's case. In addition to reinstating the conspiracy charge, the Appeals Court ruling will allow prosecutors to present evidence dating back to 1976 when it contends Grace was on notice as to the dangers of asbestos. If convicted, Grace faces millions of dollars in fines and each of the former executives up to 15 years in prison.

The Chicago Tribune reported on Friday that a residential apartment building in Chicago's Lakeview neighborhood was evacuated by state officials on Thursday after workers discovered asbestos pipe insulation within the building's walls during a recent renovation project. Tenants of the building, located at 2930 N. Sheridan Road, were ordered to evacuate and will not be allowed back until air quality tests have been conducted and the building is determined safe for occupancy. The tests will be conducted by an environmental consulting company and a state-licensed environmental contractor. It could take up to a month for the required improvements to be completed once the work is approved by the state.

The Virginia Supreme Court upheld a $3.4 million jury verdict in the wrongful death suit maintained by the family of shipyard worker Garland F. "Buddy" Jones Jr., who died of mesothelioma in 2005. Jones, who had been an employee of Newport News Shipbuilding from 1963 to 1967, was diagnosed with mesothelioma in January 2005 and passed away within six months of his diagnosis. Jones lived only long enough to file suit in Newport News Circuit Court against defendants John Crane, Inc., Johns Manville Corp., and Garlock Sealing Technologies.

His family, led by his wife Wanda T. Jones, continued the fight on his behalf, garnering a jury verdict of $10.4 million in July 2006, which a judge later reduced to $10 million. The jury found John Crane responsible for $3.4 million, and Johns Manville and Garlock responsible for $3.3 million each. Since both Johns Mansville and Garlock settled their cases with the family prior to the verdict (for far less than the jury award), Crane was the only one to appeal the $3.4 million award to the Virginia Supreme Court. The Court upheld the verdict finding that it was not excessive or disproportionate to the injuries suffered by Jones.

According to the attorneys who handled the case on behalf of the Jones family, the $3.4 million verdict is among the largest in a Virginia asbestos case. The award will be shared by Jones' three children who expressed gratitude to the Court for upholding the verdict but found the victory bittersweet, as their mother Wanda died of an unrelated cancer just three weeks ago. It remains to be seen whether Crane will appeal the case to the U.S. Supreme Court.