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