“Physical Symptoms in Asbestos-Related Disease Product Recovery,” IDC Quarterly December 2016
“As asbestos-related lawsuits continue to fill court dockets throughout the United States, advancements in medical research and testing have produced litigation in which a plaintiff diagnosed with an asbestos-related disease is capable of filing a products liability action before the onset of physical symptoms,” write Ryan M. Frierott, a partner in Goldberg Segalla’s Product Liability Practice Group, and Stephanie Toth, a law clerk in the same group.
In Sondag v. Pneumo Abex Corp., the court initially awarded damages to the plaintiff for his claim that asbestos-containing tape led to his development of plural plaques and intestinal fibrosis.
However, on appeal, the ruling was overturned and the court found that the plaintiff never showed “physical harm” because the plaque and fibers were only discovered as part of a chest x-ray and not because the plaintiff complained of chest pain or shortness of breath. “In light of Sondag, defendants who are facing products liability claims must identify the injury the plaintiff is alleging and confirm that the injury caused the plaintiff an identifiable ‘loss or detriment.’”
Read the article here:
- “Illinois Appellate Court Holds That Plaintiff Must Experience Physical Symptoms of an Asbestos-Related Disease to Recover in Products Liability Action,” IDC Quarterly, 4th Quarter, 2016