Clapper, Patti, Schweizer and Mason

The United States Supreme Court has been asked to intervene in a dramatic court case involving mesothelioma caused by asbestos in railroad products.  The outcome of the case may have significant impact on future mesothelioma lawsuits and the rights of those injured by asbestos. 

The case, Kurns v. Railroad Friction Products Corp., involves the death of a man, Gloria Kurns’ father, from mesothelioma.  Kurns and her legal team argued that her father’s disease was caused by exposure to asbestos in products manufactured by Railroad Friction Products.  However, the decision of the lower court was that the manufacturer cannot be held financially responsible for injuries if federal regulations don’t provide guidelines for asbestos safety in the railroad industry.

The key detail that swung the lower court was the fact that federal regulations don’t specifically state dangers associated with asbestos or requirements for manufacturers to provide employees with warnings.  However, state laws on the books in which the trial began clearly indicated that Railroad Friction Products could and should be held at least partially responsible for Mr. Kurns’ death.

The major hurdle that Kurns and her legal team will have to overcome is that the issue of railroad safety is a shared issue with federal and state agencies overlapping jurisdictions and cooperating with each other.

While on the surface this case seems like it’s just another mesothelioma lawsuit that the courts have denied, the decision of the Supreme Court could very well foretell the future of many more mesothelioma and asbestos lawsuits in the United States.  If the court decides that state laws should supersede federal ones in such cases, it would ease the way for those suffering from mesothelioma and other asbestos diseases to seek compensation for their illnesses from the companies who caused them.

Mesothelioma is a rare form of cancer which strikes roughly 3,000 Americans every year.  As in the case of Gloria Kurns’ father, mesothelioma is primarily caused by extended or prolonged exposure to asbestos.  However, The EPA’s official stance is that no amount of asbestos can ever be considered safe.  One-time exposure to the deadly mineral may be enough to cause life-long illness or even death.

If you’ve been exposed to asbestos and are now suffering from mesothelioma or other asbestos diseases, you should contact a mesothelioma lawyer who specializes in such cases and can navigate the legal complexities successfully in your favor.  Clapper, Patti, Schweizer and Mason has been exclusively handling asbestos lawsuits for over thirty years.  Call today for a free case consultation.  Providing for your future financial needs and those of your family is essential when facing the debilitating and deadly illnesses caused by asbestos.