Court Bars Widow's Pre-Death Loss of Consortium Claim for Husband's Mesothelioma

BATON ROUGE, La. - A widow's pre-death loss of consortium claim that accrued nearly 20 years after the state created such a cause of action is nevertheless barred because the exposure that led to the claim occurred 20 years prior to the enactment of the statute, a state Supreme Court has ruled. Landry v. Avondale Industries, Inc., et al., No. 03-CC-0719 (La. Sup. Ct.).

The Louisiana Supreme Court said in a decision issued Dec. 3 that applying the statute that created a cause of action for loss of consortium to claims filed by plaintiff Clailee Landry would be an impermissible …