Loss of Consortium Claim for Mesothelioma Valid When Spouse Has No Knowledge of Injury at Time of Marriage, Maryland Court Holds

BALTIMORE - A loss of consortium claim for injuries caused by exposure to asbestos is only barred if at the time the parties married, they knew or could have reasonably known about the injury that formed the basis for their claim, a state appeals court in Maryland has held. Owens-Illinois, Inc., et al. v. Harry Cook Sr., et al., No. 2644 (Md. Ct. Spec. App.).

Deciding an issue of first impression involving whether the claim is subject to a state-imposed cap on noneconomic damages, the Maryland Court of Special Appeals on Oct. 30 determined that the trial court did not …