Mesothelioma Lawsuits: My wife was just diagnosed with mesothelioma, although I am the one who worked with asbestos on the job for many years about 30 years ago. Could my wife's diagnosis somehow be related to asbestos be related to asbestos dust that I brought home on my work clothes? Might she have a claim?

Your wife probably does have a claim. Most victims of mesothelioma were exposed to asbestos fibers on the job (this is known as “occupational exposure”). Another form of exposure is called “paraoccupational exposure.” A family member of someone who has been exposed in the workplace is usually the victim of this form of asbestos exposure by way of asbestos dust or fibers from the worker's clothing; when the clothing is handled the dust is released and inhaled. Family members that are exposed in this way, may be exposed to smaller amounts, but are still very much at risk. Unfortunately, the tiny asbestos fibers or asbestos dust can easily be trapped in clothing and carried over long distances.

After the lapse of so much time, your wife’s claim of exposure may be difficult to prove, but she would nonetheless be able to sue the manufacturer(s) and/or seller(s) of the asbestos products that she was indirectly exposed to. The difficulty, of course, comes in tracking down the specifics of the products you brought home. As with a direct claim for asbestos exposure-related injury, you would have to gather the information from your former employer over the time period that you worked with these products.

If your wife can prove her mesothelioma is the result of specific exposure to asbestos, she should be able to recover for both the economic and non-economic consequences of that exposure, just like a plaintiff who developed mesothelioma from direct exposure. Damages would include:

• The cost of past and future medical care;
• Lost wages (see our section on lost wages for further information);
• Lost earning capacity and related fringe benefits;
• Lost enjoyment of life;
• Emotional distress; and
• Past and future pain and suffering (see our section on pain and suffering for further information).

There are many legal theories concerning claims due to mesothelioma based in indirect exposure, so it is important for you and your wife to contact an experienced lawyer to make sure you bring the strongest case possible.