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Widow Files Asbestos Lawsuit

An appeals court in Madison, Wisconsin says the widow of a manufacturing worker will be allowed to sue the company that supplied asbestos-laden brake parts for the death of her husband.

The District 1 Court of Appeals reinstated a lawsuit filed by Ms. Vicki Tatera. Her husband, Walter Tatera, passed away due to complications from mesothelioma cancer in 2004.

Ms. Tatera’s lawsuit claims her husband developed the rare but aggressive form of cancer after working at a machine shop. Mr. Tatera’s job at the shop was to grind automobile brake linings into specific shapes to be installed in automobiles.

The court ruling says that Ms. Tatera can now sue the supplier of the linings, FMC Corp., for neglecting to warn workers that the auto parts sold by the company contained deadly asbestos.

Asbestos poses a variety of health risks. In addition to lung cancer, asbestos inhalation is also linked to asbestosis, a chronic respiratory condition where the lining of the lungs becomes scarred. This condition can lead to severe shortness of breath, and even respiratory failure.

Mesothelioma, a rare form of cancer, is linked almost exclusively to exposure to toxic asbestos fibers.

There can be a long latency period, meaning that it can be decades after the initial exposure to asbestos before patients develop symptoms of mesothelioma. The disease is aggressive, and has been known to kill its victims within months of diagnosis. Few patients live more than two years after being diagnosed with this killer disease.

The company has denied the allegations, and Tuesday’s ruling sends the case to trial.

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