West Virginia University Faces Asbestos Lawsuit: Lawyer Speaks Out

News Summary

Donna Spurling has filed an 18-count lawsuit against Fairmont State University and several defendants over alleged asbestos exposure leading to her mesothelioma diagnosis. The suit reveals critical questions about the university’s handling of asbestos, prompting a deeper discussion on health risks and institutional accountability.

West Virginia University Faces Major Asbestos Controversy: Mesothelioma Lawsuit Unfolds

In a shocking turn of events, Donna Spurling has brought to light serious allegations against Fairmont State University (FSU) regarding the university’s handling of an asbestos problem. Spurling, an FSU alumna who attended from 1998 to 2004, has been diagnosed with mesothelioma as a direct result of alleged asbestos exposure on campus, prompting her to file an unprecedented 18-count lawsuit.

Multiple Defendants in Major Lawsuit

The lawsuit targets not only FSU but also several other key players, including Mon General Hospital, WVU Health System, the State Board of Risk and Insurance Management, and Metlife Insurance. It accuses FSU’s Board of Governors of deliberately withholding critical information about the university’s long-standing asbestos issue.

Initially, Spurling’s legal team had hoped to settle the case for a sum of $650,000, but negotiations collapsed when the university opted to discontinue discussions and engaged a team of asbestos defense lawyers.

Connections and Concealment

Attorney Michael Robb fiercely criticized the defendants, emphasizing their history of defending clients in asbestos-related litigation within the state. He also hinted at possible conflicts of interest, claiming that certain members of FSU’s Board of Governors have ties to asbestos manufacturers. Robb argues that FSU has been aware of the hazardous substances nestled in its facilities for over half a century, alleging a concerted effort to conceal this information from both students and faculty.

Historical Context: State-Run Asbestos Litigation

The controversy isn’t entirely new; in 1986, West Virginia initiated a widespread lawsuit against 73 asbestos manufacturers due to dangerous materials identified in numerous buildings, including those owned by FSU. This legal action resulted in a remarkable $20 million earmarked for the removal of asbestos, supplemented by an additional $20 million from the state government. However, Robb maintains that only remediation work was executed at the state capital complex, claiming that FSU has acted in its own self-interest.

University’s Response and Future Implications

Robb extended an offer to FSU, suggesting he could provide specific locations of asbestos within campus buildings for remediation. However, the university reportedly declined this assistance, further infuriating Spurling’s legal team. Robb has now pledged to pursue a class action lawsuit centered on the broader asbestos issue impacting FSU.

According to Robb, it is not just a few isolated areas affected. He outlines that all buildings on campus harbor asbestos materials in various forms—ranging from floor tiles and ceiling tiles to insulation around HVAC ducts and boilers. As these materials age and disintegrate, they release dangerous asbestos fibers into the air, posing serious health risks to everyone within the vicinity.

Health Risks and Regulations

Asbestos-related diseases, particularly mesothelioma, have long been serious health concerns. The Occupational Safety and Health Administration (OSHA) mandates that educational institutions adhere to strict regulations surrounding asbestos, which include periodic building surveys and issuing appropriate warnings about potential exposure risks.

Failure to comply can expose schools to significant legal ramifications. Asbestos fibers are known to cause severe lung conditions, leading to inflammation, scarring, and even altering cellular DNA, which can eventually result in deadly cancers such as mesothelioma.

Personal Impact and Regrets

For Spurling, the emotional toll is heavy. Living with chronic pain and having lost half a lung to her illness, the diagnosis has drastically impacted not only her ability to work but the overall quality of her daily life. In a somber reflection, she shares her deep regrets about having attended FSU, even extending those feelings to her decision to send her sons to the institution.

Financial Stakes in Mesothelioma Cases

The financial ramifications of asbestos exposure can be staggering. Historically, settlements for mesothelioma patients average between $1 million and $1.4 million, with trial verdicts landing anywhere between $5 million up to a striking $11.4 million. This case could set a significant precedent, affecting numerous individuals exposed to dangerous conditions at educational institutions across the state.

The unfolding drama surrounding FSU and the lawsuit filed by Spurling not only amplifies the conversation surrounding public health and safety in schools but also raises critical questions about long-standing legal and ethical responsibilities regarding hazardous materials.