January 27th, 2005

The Court of Appeal In London in the United Kingdom has overturned an award of damages to a woman that has now died from mesothelioma. The damaged were awarded to Teresa Maguire after she contracted mesothelioma through secondary exposure. Mrs Maguire’s husband worked as a boilermaker for a company called Harland and Wolff in Liverpool from 1961 until 1965.

Mrs Maguire was subjected to secondary exposure through the asbestos dust on her husband’s work clothes. Decades later, she discovered she had contracted mesothelioma – a deadly cancer resulting from asbestos exposure. A court awarded Mrs Maguire over £80,000 (which equates to over $150,00) last year. Shortly after the award was made, Mrs Maguire died from the cancer.

Following the ruling last year, many people were sure that more cases relating to secondary exposure to asbestos would be successfully heard in the British courts. The decision by the lower court last year to award damages to Mrs Maguire for her secondary exposure was seen as a landmark decision.

However the London Court of Appeal has now stated that the company could not have known about the dangers of secondary exposure and therefore should not be held responsible or have to pay damages.