March 3, 2021
Breaking News

Panel Refuses to Revive Lawsuit Linking Child Cancer to Aerospace Plant – Courthouse News Service

The Elbert P. Tuttle U.S. Courthouse in Atlanta, home of the 11th Circuit Court of Appeals. (Photo via Eoghanacht/Wikipedia Commons)

ATLANTA (CN) — The family of a 20-year-old woman who died after developing a brain tumor as a child cannot sue the Florida aerospace company they claim exposed her to radioactive chemicals, an 11th Circuit panel ruled Monday.

A unanimous three-judge panel of the Atlanta-based appeals court upheld a Florida federal court’s order tossing out the 2014 lawsuit brought by the family of Cynthia Santiago, ruling that state law required the family to file their lawsuit against Pratt & Whitney within four years of Santiago’s 2009 cancer diagnosis.

During oral arguments before the Atlanta-based appeals court in April, an attorney for the Santiago family argued that the lower court applied the wrong statute when deciding whether the case was time-barred.

Santiago was diagnosed with brain cancer in November 2009 at the age of 13 while living in The Acreage, a Palm Beach County community which has become notorious for its elevated levels of brain cancer among children and teens.

Santiago and her family lived in a home located about 10 miles from an undeveloped