Monday, June 04, 2007

Asbestos Mesothelioma Lawsuit Moves to Trial

Levy Phillips & Konigsberg, LLP filed an asbestos mesothelioma lawsuit on behalf of a New Jersey woman who was exposed to asbestos as a result of her husband and children performing brake work. The woman was diagnosed with mesothelioma in 2002 and died from her illness shortly after mesothelioma treatments were attempted at Virtua West Jersey Hospital. The suit is set to go to trial this summer.

Brake dust, containing asbestos, can be released when a brake disk or drum is removed from a vehicle. The dust is frequently invisible to the naked eye, but if the brakes contain asbestos, then the dust released from the brakes will contain asbestos.

During the trial, it will be argued that the brand predominately used for the brake work was asbestos-containing Bendix brakes. The victim was unknowingly exposed to asbestos as a result of her laundering the dusty clothes and the used rags that were used by her husband and children after they performed the brake work in the garage and driveway of their New Jersey home from the 1960s through the 1980s. The victim would shake out the dirty clothes and dusty rags and then launder them without any realization that she was neither in any danger nor that she was being exposed to asbestos-laden dust.

This lawsuit is coming on the heels of a new set of recommendations from the Environmental Protection Agency in March 2007 entitled, “Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers” which is similar to guidance that EPA has been distributing since 1986. The EPA states in this publication that by using the recommended practices, home mechanics can minimize potential exposure to asbestos and reduce their potential risk of developing asbestos-related disease.

To read the entire article, please see Asbestos Mesothelioma Lawsuit filed by New Jersey Mesothelioma Attorneys Levy Phillips & Konigsberg, LPP, Moves to Trial.

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