For purposes of this post, the mesothelioma victim in this case will be referred to as L.H.
In a major win for a family who lost a loved one to mesothelioma, the Washington Supreme Court ruled that they can continue pursuing their claims against the insulation company they consider responsible. Even though some of their original claims were blocked because of time limits, the court ruled that product liability claims, which target companies that sold asbestos-containing materials, can still move forward.
When a filing deadline threatens to close the door on a case, families need lawyers who know how to keep it open. That is the kind of work our Washington mesothelioma lawyers do for clients across the state and the country. Throneberry Law Group was founded by attorney Michael Throneberry, who turned his practice toward asbestos cases after mesothelioma took his father-in-law, and he stays personally involved in the cases the firm accepts.
Back in 1971, L.H. started work at the Cherry Point Refinery in Washington. His job, which he held for over 10 years, involved working with pipes and equipment insulated with asbestos. Like many workers at the time, L.H. didn’t know that the asbestos all around him was slowly destroying his lungs. It took nearly fifty years for him to be diagnosed with mesothelioma, but that is how this illness works. By the time L.H. got his diagnosis, it was too late. The CDC’s Agency for Toxic Substances and Disease Registry describes how asbestos in insulation and other products put millions of workers at risk during the 20th century.
Once he received his diagnosis, L.H. sued Brand Insulation Inc., the company that supplied and installed all the asbestos insulation at the refinery. Brand Insulation was a subcontractor in charge of most of the insulation work back then.
At first, things looked unpromising for L.H. and his family. Brand Insulation argued that any lawsuit over how they installed the insulation came too late. Washington state has a statute of repose that states that if you want to sue someone over construction work on a property, you have to do it within six years. A trial court at first sided with Brand Insulation. But then that court reversed the decision and said the case could continue. Brand Insulation appealed, and the case went to the Washington Supreme Court. Deadlines like this are why families should speak early with a lawyer about the statute of limitations for mesothelioma claims.
The Supreme Court agreed that the six-year limit does apply to claims about how the asbestos was installed. But the judges made it clear that this time limit doesn’t block product liability claims. This means that L.H.’s family can still sue Brand Insulation for selling or supplying materials that later caused his illness and death, even if those actions might be tied to construction activities. A mesothelioma product liability claim targets the companies that sold or supplied asbestos materials.
This decision gives L.H.’s family a real shot at justice. They were close to losing their chance to hold Brand Insulation responsible, but now, their case can move forward. They will get the opportunity to argue that the company put deadly asbestos products into the workplace, no matter how those products ended up installed.
The ruling also highlights an important reality about mesothelioma cases: asbestos-related illnesses often take decades to appear. Because of these long delays, courts sometimes face difficult questions about filing deadlines and accountability. By allowing the product liability claims to proceed, the Washington Supreme Court recognized that families harmed by asbestos exposure still deserve the opportunity to seek answers and financial recovery. Because asbestos illnesses take so long to appear, families may still be able to seek compensation for mesothelioma decades after the exposure.
Nationwide Mesothelioma Lawyers at Throneberry Law Group
A second chance to hold a company accountable can mean everything to a grieving family. If you were diagnosed with mesothelioma, or a relative’s diagnosis came too late, Throneberry Law Group can look closely at the deadlines and claims that may still be available to you.
We help clients in many states, we can assist Spanish-speaking families, and we give every case the hands-on attention that large settlement-focused firms often cannot. With offices in Phoenix, Kansas City, and Chicago, our team is ready to review what happened and answer your questions for free. To get started, contact our office online.
