The Massachusetts Supreme Court recently issued a decision discussing whether a plaintiff could file an asbestos claim beyond the time period set forth in the statute in cases involving diseases with extended latency periods. In this case, the claim was filed after a man died in 2016 of mesothelioma after he was exposed to asbestos when he working on the construction of two nuclear power plants in the 1970s. If you or a loved one was similarly exposed, reach out to a Massachusetts medical malpractice attorney.
According to the court’s opinion, the plaintiff came into contact with asbestos between 1971 and 1978, and received his diagnosis of malignant mesothelioma in April 2015. In August 2015, he filed a claim alleging that General Electric had negligently exposed him to asbestos. General Electric designed and manufactured certain parts in the plant, and used insulation materials containing asbestos.
Under Mass. Gen. Laws Chapter 260, section 2B, there is a six-year statute of repose for tort claims arising out of a deficiency or neglect in the design, planning, construction, or general administration of an improvement to real property. The statute states that tort claims cannot be filed more than six years after the earlier of the following dates: 1) “the opening of the improvement to use,” or 2) “substantial completion of the improvement and the taking of possession for occupancy by the owner.”