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Court rules in favor of mesothelioma victim’s family, agrees to new asbestos trial

October 28, 2009

The Tennessee Court of Appeals has ruled unanimously that the family of a former DuPont retiree who died from mesothelioma deserves a new trial. The deceased, Hugh Todd Nye, passed away after battling mesothelioma, a rare cancer. It was ruled that the first trial relating to Mr. Todd’s death was unfair, as there was an error committed in how the trial court instructed the jury on the laws relevant to the case.

Asbestos exposure has been repeatedly linked to the development of mesothelioma, a rare form of cancer. Mesothelioma affects less than 3,000 Americans each year. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms. Treatments like chemo can help; however, the cancer is incurable. Once symptoms emerge, the cancer can kill within mere months after being diagnosed.

Asbestos exposure can also lead to asbestosis, lung cancer, and pleural plaques.

After a two-week trial in Hamilton County Circuit Court in the spring of 2008, the jury ruled in favor of the defendant, North Brothers (the company which supplied asbestos to DuPont). This lead to the appeals process put forth by the surviving members of Hugh Todd Nye’s family.

According to the 22-page opinion by the Court of Appeals, Mr. Nye worked at the DuPont facility in Chattanooga from 1948-1985.

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