The widow of a mesothelioma Navy veteran has filed an asbestos lawsuit against a large group of companies that she alleges contributed to her husband’s death.
Plaintiff Joan A. is bringing a wrongful death claim and survival action based on the death of her husband Robert. Joan says that Robert spent a long time serving as a Radioman in the U.S. Navy.
During that time, she alleges, he was subject to asbestos exposure while working at sites throughout South Carolina. Joan alleges that this exposure to asbestos was what caused Robert to develop mesothelioma, which ultimately took his life.
Mesothelioma is an asbestos related disease that is invariably fatal within a few years after diagnosis. Within the U.S., the only known cause of mesothelioma is exposure to asbestos.
Navy veterans like Robert have the highest risk of mesothelioma among all the military branches. Asbestos products were in heavy use in Navy ships until the 1970s and ‘80s, putting shipyard workers and Navy sailors at risk. Ventilation was poor on some of these ships, intensifying the asbestos exposure for some sailors.
The named defendants in Joan’s asbestos lawsuit include a long list of companies all of whom she alleges were involved in the process of creating and handling the asbestos that led to her husband’s mesothelioma, from the mining of the raw asbestos to the installation of the final products.
That list includes defendants as diverse as CBS (the apparent successor to Westinghouse), General Electric, Union Carbide, and Metropolitan Life Insurance Co.
Asbestos from Mine to Product
Joan alleges that many different failures on the part of these defendants led to her husband’s asbestos related disease and death. She accuses the defendants of failing to notify Robert of the dangerous nature of asbestos and of ways he might handle it safely, even though they were allegedly aware of the threat asbestos poses to human health.
The defendants intentionally withheld that information from Robert, Joan says, and that as a result he did not know to take certain precautions like getting occasional medical exams or X-rays. She accuses these defendants of blocking the publication of medical studies that addressed the hazards of asbestos exposure.
Joan also says the defendants did not bother to develop safer alternative products, nor did they recommend ways to improve the work environment for workers at risk for exposure to asbestos.
This asbestos mesothelioma lawsuit brings claims based on theories of negligence, failure to warn, breach of warranty, and fraud. On her own behalf, Joan is also bringing a claim for loss of consortium, a type of claim that the spouse of a harmed person can bring to seek compensation for the effect of the harm on the marital relationship.
Joan is seeking compensation for medical expenses and for Robert’s personal injuries and mental suffering before his death. She is also asking for an award of punitive damages and for reimbursement
The Asbestos Mesothelioma lawsuit is Case No. 2:15-cv-5017-ASB in the U.S. District Court for the District of South Carolina.
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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.
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