Asbestos Cancer and Mesothelioma Cancer Newsletter

Even if you’ve already had an asbestos claim, You can pursue a new claim if you get cancer

A second lawsuit is now allowed for people who receive asbestos settlements in the past, and then later develop asbestos-related cancers, such as mesothelioma, lung, gastrointestinal, or throat cancer.� The law now allows a new claim for cancer even if a person already settled claims for asbestosis or lung plaque in the past.

In the Pustejovsky case, Henry Pustejovsky was exposed to asbestos from 1954 to 1979 while employed as a metal pourer with ALCOA Aluminum in Rockdale, Texas.

The big question in the Pustejovksy case was whether a person could sue for scarring of the lungs (asbestosis) and then bring another suit later if the person developed a cancer.

The defense attorneys argued that the lawsuit for mesothelioma cancer was not allowed because the plaintiff had already sued for scarring of the lungs.

The Texas Supreme Court ruled that the plaintiff could pursue his case. The Supreme Court said: “…we conclude that the Plaintiff’s prior asbestosis settlement DOES NOT bar Plaintiff’s suit for mesothelioma. We hold that a person who sues on or settles a claim for a non-malignant asbestosis-related disease with one Defendant is not precluded from a subsequent action against another Defendant for a distinct malignant asbestos-related condition…”