Louisiana Family Exposure Lawyers
New Orleans Attorneys at Landry & Swarr
When people work directly with asbestos, and then have to deal with serious consequences down the road, these matters are referred to as primary exposure cases. Many more men had labor jobs in the 1900s than they do currently, and it was on the job where they continuously encountered asbestos and asbestos-containing products.
These days, we know that asbestos is recognized as a carcinogen and it considered lethal. As the most likely cause of mesothelioma, it has been banned from use since the early 1980s. During its peak popularity from 1960 and throughout the twenty years that followed, it has been traced as the cause of severe illness and death among those that worked in and near the substance day in and day out, such as plumbers, construction workers, pipefitters, ship builders, insulators, and bricklayers. Those employed in these and other industrial and commercial labor-oriented professions have suffered the most due to the heavy use of materials pertinent to such trades containing asbestos, necessitating constant exposure on the job. As a matter of fact, many retired workers are still receiving diagnoses today that are related to asbestos exposure years after being subjected earlier in their lives, since mesothelioma can take several decades to develop.
While this is heartbreaking, there is another group of victims of asbestos that is starting to finally receive the recognition that they rightfully deserve. They are the family members of those workers whose exposure is now being referred to as “secondary exposure,” “secondhand exposure,” household exposure,” “domestic exposure,” “take-home exposure,” “indirect exposure,” “paraoccupational exposure,” or “family exposure.” These secondary asbestos exposure cases often happen when those in factory or construction work settings bring asbestos into the home via small fibers that are attached to their bodies.
Asbestos Exposure Risks for Families
Exposure to asbestos fibers, whether direct or secondarily, even after a small period of time, can cause mesothelioma, or other types of cancer, or serious health issues later in life. Remember, mesothelioma can take several years to develop, and those that resided with exposed workers should know that they, too, are at a serious risk. Whether the workers intended to, they did bring asbestos fibers into their dwellings, which could cause their spouse or children to get sick in the future. Many secondary asbestos victims also die.
Of course, this means that secondary exposure was once much more common among women and children prior to the 1970s, when strict regulations regarding the use of asbestos, family leave, sick leave, and what would eventually would become the ADA became hot button topics. However, as those children have grown up, and their parents have died off, the prevalence is now closer to an equal number of cases reported between men and women that have come in contact with the dangerous material as children, probably brought home on their fathers’ tools, shoes, and clothing.
While it is scary to think that secondary asbestos exposure is just as dangerous as primary exposure, it is best to know ahead of time that you may deal with such health issues down the road. You can discuss these possibilities with your health care provider so he or she will know what to look out for in advance. With a latency period of 20 to 50 years between the time one is exposed and when one becomes sick with an asbestos-related disease, it is best to screen annually for symptoms and signs.
Secondary Asbestos Exposure: A Century-Old Warning
Where Does the Secondary Exposure Comes From?
The cross contamination can happen in a variety of ways. The worker or his wife could have washed work clothes along with the family laundry, causing the asbestos fibers to stick to everyone’s clothes and remain in the washer to mingle with clothes that are a part of future washes. Or, the worker’s hair, nails, and skin are contaminated, and he sits on the same chairs and sofa that other household members use, or the fibers simply are released into the air. The worker can also bring asbestos into the home on his shoes. Asbestos fibers are rough in texture and easily break into barely visible pieces. This makes it especially easy for them to cling to clothing, shoes, hair and skin.
Let’s go a bit further into depth about a few of the most common causes of secondary asbestos exposure in a person’s home, such as laundry, furniture, touching, and dust.
Laundry
Any clothing that a worker wore on the job while working with or around asbestos products provides a significant risk of secondary asbestos exposure. The jagged asbestos fibers will attach to the clothing, and any person washing, or even touching, the garments will be exposed to the carcinogen.
Again, using a regular household washing machine to wash asbestos out of clothing will not work any way. These appliances are not designed to cleanse asbestos-contaminated textiles and will only allow the dangerous fibers to become airborne, which is even more alarming.
Asbestos is actually considered a biohazard and hazardous waste to the environment. Contaminated clothing should be placed in an airtight bag, box, or container and labeled as hazmat. You then need to call your local government office for waste management and find out which nearby landfills accept asbestos waste and can properly dispose of it under local laws or state laws.
Furniture
Those brittle, hook-like asbestos fibers can also easily become embedded in chairs, the sofa, bedding, curtains, and the carpet, leaving the whole family vulnerable. They may even stick to walls and wooden or metal furniture, such as tables, rocking chairs, and shelving.
Touching
If the contaminated worker comes home and hugs his wife and children, and he has asbestos fibers on his clothing, shoes, hair, or skin, there will be transfer and, therefore, secondary exposure to the deadly chemical.
There have even been isolated exposure cases where children and grandchildren have sat on their daddy’s or grandpa’s lap and contracted mesothelioma as adults. Any type of child care while infested with asbestos is seriously dangerous.
Dust
Even if the other household members do not have any direct exposure to the worker or his work clothing, the fibers become one with the household dust in the air and rain down on everyone. The sheer amount of contaminated dust is enough to cause asbestos-related diseases later in each family member’s life, including mesothelioma.
What Are the Risks Associated with Secondary Exposure?
How Much Asbestos Exposure is Dangerous?
Any exposure, regardless of how brief, can lead to a whole hosts of diseases, including mesothelioma and lung cancer. The concentration of the chemical, and the frequency of your contact with it, increases your risk exponentially. Just remember, these consequences tend to show up after many years of day-to-day exposure. That said, there are cases where patients have developed malignant mesothelioma after being exposed to asbestos only one time.
There have even been instances recorded when secondary exposures have been as intense as occupational levels, and this is usually when a family member works in an extremely high-exposure industry, such insulation, ship building, construction, or asbestos mining.
What Symptoms Are Concerning after Long Term Asbestos Exposure?
What Are Your Legal Options if You Have Been Affected by Secondary Asbestos Exposure?
Because it has been proven that secondary asbestos exposure cases account for an astonishing amount of the known mesothelioma cases, there have been precedents set in different states when it comes to liability, though these claims are not as simple to prove in court as the claims of those that have been directly exposed. Usually, relatives of blue collar workers can provide their attorneys with more than enough evidence to prove a connection between their illnesses and the job of their family member, and a successful claim can be made.
Who Can Be Held Liable in Secondary Exposure Cases?
Of course, the companies where the relatives of these victims worked are liable in these exposure cases, because if it weren’t for these companies, the workers would not have been exposed to asbestos and subsequently exposed their family members. This means that these businesses are legally responsible, or civilly liable, for these plaintiffs’ asbestos-related injuries, as long as they can prove that their exposures were due to being in proximity of the companies’ employees.
What Types of Damages are Paid?
This is one of the top FAQs. With the assistance of a specialized asbestos law firm, plaintiffs in secondary exposure cases have been known to recover money for their pain and suffering, lost wages (if applicable), and treatment costs, including past and future medical costs, travel to and from appointments, and home care costs.
What We Can Do for You
Secondary exposure to asbestos is dangerous and, too often, overlooked. That is why you need a Louisiana firm that is dedicated to seeking justice for all those that have been affected by asbestos, including those that simply resided with a dedicated blue collar or factory worker. Whether you or a loved one has been diagnosed with lung cancer or mesothelioma, or any other serious health condition, as a result of secondary asbestos exposure, give us a call at Landry & Starr. You can depend on our qualified, educated, and experienced team of asbestos lawyers.