The Fourth Circuit has rejected a North Carolina mother’s attempt to revive a lawsuit claiming her daughter’s cancer death was due to asbestos in Vanderbilt Minerals LLC’s talc.
The court upheld a district court ruling that found insufficient evidence of exposure necessary to meet the criteria for an asbestos lawsuit.
Details of the Case
Belinda Foushee had appealed the lower court’s decision that she failed to demonstrate her daughter, Anneka, was exposed to asbestos through Vanderbilt’s product during a pottery class at Appalachian State University in 1995. Despite evidence suggesting the presence of asbestos in materials used in the class, the courts concluded the evidence did not meet the stringent ‘frequency, regularity, and proximity’ test set by precedent.
Analysis of Exposure Uncertainties
The summary judgment from the district court noted. At the same time, the product was likely present, the specific circumstances of Anneka’s exposure were too uncertain, particularly regarding her involvement in mixing pottery glazes thought to contain the asbestos.
Legal Challenges and Plaintiff’s Burden of Proof
Despite Foushee’s 2017 lawsuit citing claims including negligent failure to warn and wrongful death, and her 2021 appeal asserting strong evidence of exposure, the courts have consistently found the proof lacking.
The case highlights the rigorous standards plaintiffs must meet in asbestos-related product liability lawsuits.
