An 81-year-old woman suffering from stage IV asbestos-related lung cancer got the same type of ill treatment at the hands of an asbestos company that is experienced by many mesothelioma victims. Fortunately, the judge overseeing the case stepped in and blocked the motion filed by Metalclad Insulation LLC, offering the elderly victim of asbestos exposure the opportunity to have her day in court.
Like mesothelioma, asbestosis and asbestos-related lung cancer are caused by exposure to asbestos, and in this case Ardella Fox had been exposed to the carcinogenic material over fifty years earlier, between 1954 and 1963. She filed a lawsuit against 18 different parties and asked for an expedited court date based on both her advanced age and dire medical condition, and all parties but one agreed to her request: Metalclad Insulation had successfully argued that there was not basis for her request in front of a lower court, and Fox filed an appeal. Upon hearing of Mrs. Fox’s declining health and the complications she suffers as a result of her chemotherapy regimen, the judge in the case questioned Metalclad extensively about the basis of their argument, and upon hearing their answers cited state law showing that the case fit exactly into the requirements for expedited hearing as outlined by state law. He also scoffed at the company’s disputing the “veracity” of her symptoms and life expectancy, arguing, “If by way of opposition Metalclad had submitted, say, a photograph of 81-year-old Ms. Fox scuba-diving in the Galapagos Islands just last fall, there might be some basis to expect more medical detail, but on this record we see no genuine dispute that Ms. Fox is very sick.” He also pointed out that based on her own assertions and the assertions of her physician, “Her mental state has deteriorated to point where she becomes confused and forgetful. All told, the evidence shows that while Ms. Fox is currently able to participate in a trial, she has good reason for concern that will not be the case for much longer as her health deteriorates.”
As a result of her appeal of the lower court’s decision, Ms. Fox will be able to have her court date moved up. If you or someone you love has mesothelioma or another asbestos-related disease and you need an advocate working on your behalf, contact us today at 1-800-966-2244.