Dying Man’s Family May Not Recieve Asbestos Compensation
In Madison, Wisconsin, one dying man’s asbestos-related lawsuit may be blocked due to a new provision in the state budget. Caden Johnson is expected to succumb to his mesothelioma within a few months. Caden’s wife Debra must speak for him, as his mesothelioma is so advanced that speech has become difficult for him. Debra told reporters that her husband was exposed to asbestos while at work and that asbestos exposure was to blame for her husband’s condition.
Caden breathed in the asbestos particles in the boiler room of his former employer, a hospital that has since been absorbed by another medical facility. In order to help pay for Caden’s medical bills, and to provide for Debra after his death, the couple are suing the manufacturers that made the asbestos that was likely used in the hospital boiler room. However, a new provision to the state budget could block their lawsuit.
The complicated proposal would block lawsuits against companies that merged with other companies that were involved in asbestos manufacturing prior to 1972. Supporters of the proposal note that it is narrowly written to protect the Crown Cork and Seal Co. of Philadelphia. This company provides many jobs for Wisconsin residents, and the company has already paid out hundreds of millions of dollars to asbestos claimants.
"I really do think this proposal balances justice for people who were wronged with common sense liability law," said State Representative Kristen Dexter, who worries workers in her district could lose their jobs if Crown was forced to pay out more asbestos claims.
Although Debra and Caden are not suing Crown, they remain concerned that the new provision could be interpreted to block their case. Crown lobbyist Forbes McIntosh told reporters that similar legislation to protect Crown already exists in 10 other states. In those states, not one company has cited the provision in their defense during legal proceedings.