Asbestos mesothelioma death claim denied by Milwaukee Supreme Court

Walter Tatera, a former Madison, Wisconsin machinist, died of cancer in 2004. Following Tatera’s death, his estate sued FMC Corp., alleging that the disks sent to Tatera’s brake shop contained asbestos, reports La Crosse Tribune. It is believed that Tatera contracted cancer following his career long exposure to the hazardous material.

Asbestos is a highly toxic material, found in many older homes and buildings. The material, once incorporated in many construction materials, was exploited for its fire retardant properties. In order to prevent unnecessary exposure to the material, it must stay intact.

Exposure to the material has been known to cause several diseases, including mesothelioma, asbestosis and lung cancer. Mesothelioma is the most aggressive asbestos-related disease, known to affect 3,000 Americans each year.

Although there is no cure for the disease, mesothelioma clinics have noted that standard medical treatment can extend a patients’ life expectancy period. Chemotherapy, radiation and surgery are clinical therapies most often undergone by mesothelioma sufferers. Mesothelioma doctors often struggle to diagnose patients in the earliest stages of the illness, when treatment efforts are generally most effective.

Although Tatera’s estate argued FMC Corp. was responsible for his condition, the state Supreme Court denied the claim. The Milwaukee judge found the company was not liable or negligent in Tatera’s condition, and ultimate death.

A state appeals court ruled differently last year–by ruling that FMC could be sued for negligence. The Supreme Court reversed such ruling, however. The court ruled that FMC’s conduct didn’t amount to affirmative negligence.