Asbestos News Roundup: 7.11.13 – WWII Navy Vet Asbestos Exposure

July 11th, 2013. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Disease and WWII Veterans

Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.

Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

Asbestos Lawsuits

Bangkok, Thailand: Johannes Weber, a US veteran based in Thailand, has filed a $5-million lawsuit in federal court against the US Department of Veterans Affairs and the US Navy for his asbestos-related lung disease. Weber alleges he developed the asbestos disease as a result of being exposed to asbestos fibers when he served in a US Navy vessel in 1972 and 1973.

Weber is suing the U.S. Navy for negligence. He alleges he was under orders from his then military superiors to perform work in the engineering spaces of a US Navy vessel which contained asbestos, and he was not supplied with appropriate safety equipment.

In his complaint, Weber has asked that the US Department of Veterans Affairs pay him for his medical costs associated with treatment of a service-related disability. He has also asked that the court award damages to his common-law wife, Khawannuedee Boonjan, who is in Thailand, should he die before the court can rule on the asbestos lawsuit.

According to his lawsuit, Weber’s lung disease has caused him to be 100 percent disabled. He alleges he was discharged under honorable conditions.

Weber further claims that he needs regular aid and can no longer travel on commercial airlines because of the pressure it exerts on his lungs.

He alleged that the Department of Veterans Affairs is not paying for his medical costs in Thailand for his service-related asbestos injury. (saipantribune.com)

Charleston, WV: Richard P. Wade has filed an asbestos lawsuit naming 154 companies he claims are responsible for his asbestos-related lung cancer.

Wade, who was diagnosed with lung cancer in June 2012, claims the 154 defendants exposed him to asbestos and/or asbestos-containing products during his employment.

Wade further claims the defendants failed to advise him of the health risks of their asbestos and asbestos-containing products; failed or omitted to provide Wade with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance; and failed or omitted to place any warnings or sufficient warnings on their containers.

As a direct result of his lung cancer, Wade alleges he suffered severe conscious physical pain and suffering and lost earnings and net accumulations. He is seeking compensatory and punitive damages with pre- and post-judgment interest.

The 154 defendants in the suit include: 84 Lumber Company; A.O. Smith Corporation; A.R. Wilfley & Sons Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Electric Power Company Inc.; American-Marsh Pumps; American Optical Corporation; and Anderson Greenwood & Co.

Charleston, WV: The widow of the late Arthur William Bautista has filed an asbestos lawsuit naming 49 defendants, which, she alleges are responsible for his asbestos lung injury and resulting death.

According to the asbestos lawsuit, Arthur William Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on November 7, 2011.

Gloria Bautista claims in her lawsuit, that her late husband was exposed to asbestos and/or asbestos-containing products during his employment at various work sites in West Virginia from 1971 until 2011.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

The 49 defendants include: 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations Inc.; BW/IP Inc.; CBS Corporation; Certainteed Corporation; Cleaver-Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulvan Inc.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma

This was posted on Thursday, July 11th, 2013 at 3:27 pm and is filed under Asbestos Mesothelioma, lawsuits . Feel free to respond, or trackback. Read our comments policy.