* anthrax lawsuit by mailroom worker is dismissed

 

                 

 

March 31, 2009

Judge dismisses lawsuit over anthrax letter

NEDRA PICKLER

WASHINGTON (AP) – A federal judge on Tuesday threw out a $12 million lawsuit brought by a former State Department mailroom worker who was hospitalized after handling an anthrax-laced letter.

David Hose was exposed to anthrax spores in October 2001 while working as a contract supervisor in a State Department mail facility in Sterling, Va., and he spent more than two weeks in intensive care.

The letter he handled was addressed to Sen. Patrick Leahy, D-Vt., and it was mistakenly delivered to the Sterling facility because of a zip code error.

Hose argued that the exposure resulted from the federal government’s negligent handling of its anthrax supply and its failure to protect adequately the State Department mail room workers after learning that anthrax was traveling through the nation’s postal network. He sued the United States for compensation for his pain, disfigurement, and his inability to work since the exposure.

U.S. District Judge Paul Friedman agreed with the government that Hose could not sue because Virginia’s Workers’ Compensation Act prohibited a lawsuit over his injuries.