The Virginia Supreme Court recently issued an important ruling in an asbestos cancer lawsuit allowing the plaintiffs to continue with their claim on behalf of their decreased mother who passed away due to exposure to toxic asbestos dust. The 4-3 decision affirms long standing tort law in the state, establishing a duty to defendants to exercise reasonable care to prevent foreseeable injuries to persons within the scope of harm.
According to the mesothelioma cancer lawsuit, originally filed in a Virginia circuit court but later moved to a federal District Court, the victim developed her deadly cancer after years of exposure from asbestos fibers brought home on her father’s clothes. The complaint alleged that the victim, who was diagnosed with mesothelioma in 2013 and died three years later, regularly helped launder her father’s clothes, who worked as a at Newport News Shipbuilding and Dry Dock, a business now known as Huntington Ingalls Inc., routinely brought home asbestos dust on his clothing.
Asbestos is a naturally forming mineral once commonly used in a variety of industrial, commercial, and military capabilities, particularly in the shipping industry, because of its heat resistant properties. The substance is directly linked to developing mesothelioma, a rare and deadly form of cancer commonly affecting the thin linings of tissue surrounding the vital organs like the heart, lungs, and abdomen.