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Respirator maker sued in connection with mesothelioma

Because of the pain and suffering associated with mesothelioma, it is not uncommon for those who are diagnosed with the disease to file a lawsuit against the party responsible for exposure to asbestos—the substance that causes the condition. In many situations when lawsuits are filed in connection with mesothelioma, it is on the basis that the worker was unaware that they were exposed to asbestos in the first place. As an asbestos lawsuit that was recently consolidated illustrates, this is not the only basis for such a lawsuit however.

 

The lawsuit involves six mesothelioma death claims and one case filed by a living worker. All seven were exposed to asbestos while working at a door manufacturing plant. The asbestos was used in the manufacturing of the doors as fireproofing insulation. Whether asbestos was used in making the doors, is not at issue.

For protection, all seven employees were given a respirator made by 3M while working. Unfortunately, the respirator failed to provide ample protection against asbestos fibers.The mask also failed to come with health risk warnings. This lawsuit was filed against 3M, the maker of the 8710 respirator. At issue is whether the respirators made by 3M could have better protected the workers.

This is not the first trial of this nature 3M has faced. This particular case will be handled in phases. The first will cover liability and common claims. Damages and causation will be explored in the second phase. While these cases are usually complex, for those who are ill or have lost a loved one due to mesothelioma, recovering damages can help them to move forward.

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