Woman Blames Late Husband’s Employer for Her Mesothelioma Diagnosis
Verna Brewer filed a personal injury lawsuit against her late husband’s former employer, BOC Group, Inc., after being diagnosed with malignant pleural mesothelioma. Ms. Brewer claims her illness was caused by asbestos brought home on her husband’s clothing after he worked with the material. However, the company argues that her exposure to asbestos occurred years after her late husband’s death. The company has requested access to work and medical records for each of her three husbands, with mixed results in court.
Mesothelioma Lawsuit is Complicated by Multiple Husbands and Their Workplaces
Brewer’s mesothelioma lawsuit revolves around her claim of secondary asbestos exposure from her first husband, Nelson Dwayne Dotson, who worked with asbestos between 1958 and 1973. She was married to Dotson for fifteen years before his accidental death. Afterward, she married Thomas Reeves in 1975, though that marriage lasted only a few months. Reeves, who is now deceased, and Brewer’s third husband, James David Brewer, who passed away in 2020 after a 37-year marriage, are also part of the legal complexities.
In her mesothelioma lawsuit, Brewer holds BOC Group, Inc. responsible for exposing her to asbestos through Dotson’s contaminated work clothes. The company, however, argues that Brewer may have been exposed to asbestos through her other husbands, who could have also worked in environments where asbestos was present. As a result, the company requested the employment and medical records for all three men. The mesothelioma victim’s attorneys have objected to that request.
Court Provides Mixed Rulings on Records Request in Mesothelioma Claim
Magistrate Judge H. Brent Brennenstuhl of the U.S. District Court for the Western District of Kentucky is overseeing the mesothelioma lawsuit, and reviewed the company’s requests for records. He approved some but denied others. Judge Brennenstuhl directed the Social Security Administration to release the employment records of Brewer’s former husbands, but ruled against issuing a broad order to the Kentucky Department of Workers’ Claims, suggesting that the defendant must follow the standard procedure of issuing a subpoena to obtain additional records. This decision adds yet another layer of complexity to the ongoing legal case.
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