Posts Tagged ‘ Asbestos Settlement ’

Asbestos News Roundup: 1.2.14 – Asbestos Fire Damage

January 2nd, 2014. 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 Fire Damage

During the holiday season, there are always news stories of fires caused by unattended candles, tree decorations, and faulty electronics. If asbestos-containing products are involved, there is a risk for inhaling asbestos fibers, and consequently asbestos disease.

Exposure to extremely high temperatures, around 1000°C, can cause asbestos fire damage, such as charring, spalling and loss of structural strength. (Spall are flakes of a material that are broken off a larger solid body). Asbestos fire damage can also be seen in asbestos containing materials where thermal expansion has occurred even though no direct exposure to fire has taken place.

The major issue with asbestos fires is the debris left behind, which can spread to a large area as a result of spalling. Asbestos contamination can be found within ash and dust during and after an asbestos fire.

In the event of asbestos fire damage, the following steps should be taken:

• Avoid entering the asbestos fire contaminated area to reduce the risk of disruption, exposure or cross contamination.

• Seek professional opinion from an asbestos remediation expert.

• Use appropriately licensed asbestos removal contractors to remove asbestos fire debris and dispose of in a safe and controlled manner.

• Use independent asbestos analysts to conduct asbestos atmospheric testing before/ during/ after the removal of asbestos fire debris.

Asbestos Lawsuits

St. Clair County, IL: James L. Hays and Carol Hays have filed an asbestos lawsuit naming 113 defendant corporations, which, they allege, caused Mr. Hayes to develop lung cancer as a result of exposure to asbestos-containing products throughout his career.

Mr. Hays worked as a laborer at a pipeline company in Texas, as an apprentice at Ross School and Tool Company from 1961 until 1966 and as a tool inspector at Abco Corp. from 1966 until 1968, according to the Hays complaint. They allege the defendants should have known of the harmful effects of asbestos, and failed to exercise reasonable care and caution for the plaintiff’s safety.

The Hays allege that as a result of his asbestos-related diseases, James L. Hays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. further, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

The Hays are seeking a judgment of more than $100,000, economic damages of more than $150,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $150,000 and other relief the court deems just.(madisonrecord.com)

New Orleans, LA: Following the death of his father, Lance Vincent Ford has filed an asbestos lawsuit naming numerous defendants as being responsible for his father’s asbestos disease and subsequent death. Carl Ford allegedly contracted malignant mesothelioma from repeated environmental and occupational asbestos exposure, the lawsuit claims.

The lawsuit states that Carl Ford, who was born in 1938, was exposed to injurious levels of asbestos, both through environmental exposure while living on the West Bank since birth, near residences and areas contaminated with asbestos-containing scrap metal, as well as occupational exposure while working for National Gypsum at its Westwego facility.

The lawsuit alleges that prior to and during Carl Ford’s exposure period, each of the defendants designed, tested, evaluated, manufactured, packaged, furnished, stored, handled, transported, installed, supplied and sold asbestos-containing products.

The defendants include the Asbestos Corporation Limited, Taylor-Seidenbach Inc., Eagle Inc., Union Carbide Corporation, Burmaster Land and Development Co LLC, Zurich American Insurance Company, Owens Illinois Inc., Uniroyal Inc., The United States Rubber Company Inc. and Metropolitan Life Insurance Company in the Orleans Parish Civil District Court.

The defendants are accused of the mining, manufacture, sale, supply, distribution and use of products that are unreasonably dangerous and that have high potential for causing serious injury such as respiratory disease, cancer and other health problems.

Additionally, Ford alleges the defendants failed to warn, failed to provide safety instructions, failed to adequately test the products for defects, failed to truthfully report or adequately report the results of product testing, failed to recall the products and being otherwise negligent. The International Hygiene Foundation and its members are also accused of fraud and conspiracy.

The plaintiff requests a trial by jury, and seeks an unspecified amount in damages for the conscious physical pain and suffering sustained by the plaintiff and his now deceased father, the physical impairment and disfigurement suffered by the plaintiff’s father, reasonable and necessary medical expenses, funeral and burial expenses, lost earnings, loss of quality of life, and loss of consortium, love, affection, services and society and other damages. (louisianarecord.com)

Retna, LA: The husband and son of a woman who died from asbestos mesothelioma on May 19, have filed an asbestos lawsuit, naming several defendant corporations as being responsible for her death.

Mark Hennessey and Jude Gattuso name Burmaster Land & Development Company LLC, Zurich Insurance Company, Asbestos Corporation and Southern Talc as defendants, alleging Betty Hennessey contracted mesothelioma due to direct exposure to asbestos groundfill material mined and milled by Asbestos Corp. and delivered by Burmaster Land and Development LLC in areas near the home in Gretna from 1950 to 1961.

They further claim that during the period that Betty Hennessey was a resident in the area, Burmaster Land and Development LLC crushed concrete pipe containing asbestos to make ground fill material that was used in area driveways and that asbestos-laden dust inside was spread throughout the neighborhood and into her home. Hennessey and Gattuso claim that Betty Hennessey’s exposure to asbestos directly related to her death. The defendants are accused of failing to warn, product liability and selling unreasonably dangerous materials.

An unspecified amount in damages is sought for physical pain and suffering, physical disability, mental pain and suffering, loss of benefits and loss of enjoyment of life. (louisianarecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup 12.26.13 – Study: Small Exposure Still Deadly Risk

December 27th, 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.

Lowest Asbestos Levels Linked to Asbestos Disease in Industrial Workers

New research published recently in the Journal of Occupational and Environmental Medicine, suggests that industrial workers at the lowest levels of the asbestos exposure spectrum may still be at risk for deadly mesothelioma, lung cancer, and laryngeal cancer.

The study used data from the long-running Netherlands Cohort Study of 58,279 Norwegian men between 55 and 69 years old. To determine the association between asbestos risk and cancer, researchers compared each man’s job history to asbestos-exposure matrices of various occupations. They then compared likely levels of asbestos exposure to the incidence of mesothelioma and several other cancers.

After 17.3 years of follow-up, there were 132 cases of mesothelioma, 2,324 cases of lung cancer, and 166 cases of laryngeal cancer. Although very rare, mesothelioma is considered the most deadly of the asbestos-linked cancers because of its fast progression and resistance to standard treatments. Of the three types of cancer studied, only two subtypes – lung adenocarcinoma (a form of non-small cell lung cancer) and glottis cancer (a subtype of laryngeal cancer affecting the vocal chords) – were associated with higher levels of prolonged asbestos exposure.

For mesothelioma and all other categories of lung and laryngeal cancer, even lower levels of asbestos exposure were enough to trigger disease. “Asbestos levels encountered at the lower end of the exposure distribution may be associated with an increased risk of pleural mesothelioma, lung cancer, and laryngeal cancer,” the researchers conclude.

The U.S. EPA has stated that all levels of asbestos exposure are potentially risky. They have strict guidelines governing the handling and disposal of asbestos and recommend that do-it-yourself home renovators hire asbestos abatement professionals in order to minimize their mesothelioma risk.

The original study appears in the Journal of Occupational and Environmental Medicine, the journal of the American College of Occupational and Environmental Medicine. (Offermans, NS, et al, “Occupational Asbestos Exposure and Risk of Pleural Mesothelioma, Lung Cancer, and Laryngeal Cancer in the Prospective Netherlands Cohort Study”, December 17, 2013, Journal of Occupational and Environmental Medicine, Epub ahead of print. http://www.ncbi.nlm.nih.gov/pubmed/24351898)

Asbestos Lawsuits

Charleston, WV: 55 companies have been named as defendants in an asbestos lawsuit, alleging workplace-related asbestos related lung disease.

Filed by James L. Prince and his wife, Julia Fay Prince, the lawsuit claims Mr. Prince was diagnosed with lung cancer on November10, 2011. The couple allege Mr. Price was exposed to asbestos and/or asbestos-containing products during his employment as a carpenter from 1947 until 1975.

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

The Princes are seeking a jury trial to resolve all issues involved. The named defendants include:

A.W. Chesterton Company; Air & Liquid Systems Corporation; American Electric Power Company; American Electric Power Service Corporation; Appalachian Power Company; Aristech Chemical Corporation; Brand Insulations; Certainteed Corporation; Cleaver-Brooks; and Copes-Vulcan. (wvrecord.com)

Asbestos Settlements

Cleveland, OH: A jury in Ohio has awarded $27.5 Million to an English professor and his wife who alleged he developed asbestos disease through second hand or take home asbestos exposure.

The jury assessed 60 percent liability to against Kelsey-Hayes Company, successor to National Friction Products Corp, the defendant.

Mr. Panza was diagnosed with terminal asbestos mesothelioma in 2012. The only known cause of mesothelioma in the United States is asbestos exposure. Mr. Panza has received several rounds of chemotherapy and radiation as well as radical surgery which resulted in the removal of one of his lungs and part of his diaphragm in an effort to prolong his life. There is no cure for mesothelioma. Mr. Panza is only 40 years old.

The Panza’s contended that John Panza Jr.’s take-home exposure occurred from exposure to asbestos dust that his father, John Panza, Sr., an employee of the brake company Eaton Airflex, brought home, unknowingly, on his work clothing.

Mr. Panza’s father worked at Eaton from 1963 to 1993 in the shipping and receiving department. As part of his job, he was required to deliver materials all over the plant and was a frequent bystander to other employees who drilled and abraded National Friction products, which released asbestos. Mr. Panza and his father were very close and were known to spend a lot of time together. Mr. Panza, Sr. coached his son’s baseball league and Mr. Panza also helped sort and wash his father’s dusty laundry.

Mr. Panza married his high school sweetheart, and they now have a young daughter. While they had hoped for more children, Mr. Panza’s cancer medication prevents that from happening.

The jury awarded Mr. Panza $515,000 in economic damages and $12 million in non-economic damages. His wife, Jane Panza, was awarded $15 million for loss of consortium for a total award of $27,515,000. (harrismartin.com + waterskraus.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 12.19.13 – Major Ruling on Workplace Asbestos SOL

December 20th, 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.

Statute of Limitations on Work Place Asbestos Disease No Longer Valid in Pennsylvania

Recently, the Pennsylvania Supreme Court rendered a decision that could have widespread implications with respect to lawsuits filed by plaintiffs who allege to have contracted illnesses from the workplace, specifically asbestos disease.

In November, the high court ruled that occupational diseases that manifest outside of a 300-week period prescribed by the Workers’ Compensation Act do not preclude an employee from filing a civil action against his or her employer. The high court ruled that the Workers’ Compensation Act did not apply to latent occupational diseases, or diseases that could take years to develop and be diagnosed.

The justices’ decision reverses an August 2010 order of the state Superior Court, a lower-tier appellate bench, which in turn had reversed a June 2008 Allegheny County Common Pleas Court ruling. It was based on the justices’ review of two consolidated appeals, Tooey v. AK Steel Corp.and Landis v. A.W. Chesterton Co. In that review, the justices were tasked with addressing whether workers such as John Tooey and Spurgeon E. Landis could seek disability compensation benefits, or file lawsuits against their employers, since their respective mesothelioma diagnoses came well after 300 weeks of the date of their last asbestos exposure.

Tooey, the plaintiff in the first case, died less than a year after being diagnosed with mesothelioma. He had worked as an industrial salesman of asbestos products for Ferro Engineering, a division of Oglebay-Norton, from 1964 until 1982, according to court documents.

Landis, who was diagnosed with asbestos mesothelioma in 2007, was exposed to asbestos during his employment. He had worked for Alloy Rods, Inc., predecessor in interest to Chemetron Corp., and ESAB Group Inc., from 1946 until 1992.

In their decision, the justices specifically singled out mesothelioma, which has an average latency period of 30 to 50 years, saying that even mesothelioma that manifests at the lower end of that average would not occur for decades after an employee’s asbestos exposure. Therefore, the 300-week time window in which to bring a claim “operates as a de facto exclusion of coverage under the Act for essentially all mesothelioma claims,” the high court wrote.

“Indeed, the consequences of Employers’ proposed interpretation of the Act to prohibit an employee from filing an action at common law, despite the fact that the employee has no opportunity to seek redress under the Act, leaves the employee with no remedy against his or her employer, a consequence that clearly contravenes the Act’s intended purpose of benefiting the injured worker,” the ruling states. “It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law.”

Plaintiffs’ attorneys welcome the Pennsylvania’s Supreme Court’s ruling as a positive and humanitarian legal development. (pennrecord.com)

Asbestos Settlements

New Orleans, LA: A Louisiana jury has awarded $6.4 million to a woman who was diagnosed with mesothelioma after being exposed to asbestos manufactured and sold by Asbestos Corporation Ltd (ACL).

After a seven-day trial, a jury sitting in the Louisiana District Court, Parish of Orleans issued the $6,420,467 verdict in favor of New Orleans resident Mary Morvant. The jury found that Morvant was exposed to raw asbestos fiber supplied by ACL to a local plant owned by Johns-Manville Marrero.

According to the lawsuit, Morvant, a surgical nurse, was diagnosed with mesothelioma in October 2012 after being exposed to asbestos fibers through the course of her work. Morvant, a Louisiana resident, brought the asbestos lawsuit against the alleged manufacturers, suppliers, and installers of asbestos products to which she allegedly was exposed. In addition to the Asbestos Corporation Limited, a Canadian asbestos fiber miner and manufacturer, the other named defendants are five Louisiana residents: Eagle, Inc., McCarty Corporation, Taylor-Seidenbach, Reilly-Benton Company, Inc., and Burmaster Land & Development, LLC. (gpo.gov, + harrismartin.com)

Los Angeles, CA: An $8.6 million settlement has been awarded to the family of the recently deceased William Saller, who died from asbestos disease. According to the lawsuit, Saller allegedly contracted asbestos mesothelioma from exposure to asbestos dust generated by a thermal insulation product known as Mundet, made by defendant Crown, Cork & Seal (CCS), a manufacturer of thermal insulation products. Mundet was used extensively in the refinery where Mr. Saller worked. (harrismartin.com)

After just 17 days, the Los Angeles Superior Court jury reached their verdict December 13 awarding $5 million in economic and non-economic damages and $3.6 million in punitive damages to the family of Saller. The ruling comes after the Saller family lose the case in 2007, but the original verdict was overturned on appeal and sent back for retrial.

The sole defendant in the asbestos lawsuit, CCS, was found 30 percent responsible for the compensatory award and 100 percent responsible for the punitive award.

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 12.12.13 – Cigarettes & Asbestos Risk

December 12th, 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.

Cigarettes & Asbestos Risk

It is hard to think of anything that could make cigarettes more dangerous, but back in the 1950s, certain cigarettes actually contained asbestos in their filters. Those asbestos-containing cigarettes have led to lawsuits alleging mesothelioma and asbestosis disease, either on the part of people who smoked the cigarettes or those who worked in the factory that supplied the filters. Other lawsuits alleging exposure to asbestos fibers resulting in asbestosis lung disease are still pending.

According to Daily Business Review (9/19/13), Richard Delisle was diagnosed with mesothelioma, a fatal condition linked to asbestos exposure, in 2012. He alleges that his smoking of Kent cigarettes, which reportedly used a filter that contained asbestos, contributed to his developing mesothelioma. Also included as defendants in the trial were a paper mill company where Delisle was employed and the manufacturer of the filters used in the Kent cigarettes.

A jury found the cigarette maker, Lorillard, and the maker of the filters each 22 percent responsible for Delisle’s condition, with another 16 percent fault given to the paper company. The final 40 percent was against other defendants. In all, the jury awarded Delisle $8 million, with Lorillard paying $3.52 million as a result of an indemnity agreement between Lorillard and the maker of the filter manufacturer.

Asbestos Lawsuits

Philadelphia, PA: A$2.3 million award in an asbestos mass tort case has been upheld by a trial court judge in Philadelphia. Common Pleas Court Judge Mark I. Bernstein refused to throw out the multi-million dollar verdict against Crane Co., DAP Inc., Duro Dyne Corp., The Goodyear Tire & Rubber Co. and Goodyear Canada Inc., which had been reached following a jury trial in late February, the Pennsylvania record reportss.

Charlotte Vinciguerra filed her asbestos lawsuit on behalf of her late husband, Frank Vinciguerra, who died from malignant mesothelioma on November 3, 2010.

Mrs. Vinciguerra filed suit in June 2012, citing numerous companies as defendants, many of whom were dismissed pre-trial. The lawsuit alleged that Mr. Vinciguerra developed mesothelioma as a result of his exposure to asbestos at work as a sheet metal helper and sheet metal mechanic for E.I. DuPont De Nemours & Co. from 1951 to 1985. Frank Vinciguerra was diagnosed with malignant mesothelioma in the summer of 2010, according to court records.

Mrs. Vinciguerra alleged that E.I. DuPont failed to exercise reasonable care to protect her husband and others from the hazardous, dangerous and harmful conditions that existed at the property, according to the lawsuit.

The defendants claimed, in their attempt to get a new trial, that the trial judge allowed the plaintiff’s expert witness to testify that “each and every breath” and “every exposure” to asbestos-containing fiber was causative of Frank Vinciguerra’s injuries, in violation of precedence set by the Pennsylvania Supreme Court in the case of Betz v. Pneumo Abex LLC. However, Judge Bernstein wrote that none of the plaintiff’s expert witnesses ever offered this opinion during the course of the litigation.

During the trial, Dr. Steven Markowitz, an occupational and environmental medicine expert, testified that it was his opinion that Frank Vinciguerra’s exposure to asbestos likely caused the man’s disease.

According to court records, Markowitz explained that there is a dose-response relationship in asbestos disease, and concepts of cumulative exposure to asbestos.

Markowitz’s testimony was based upon his individual analysis of the specific factors in Vinciguerra’s condition, was offered to a reasonable degree of medical certainty, and was “fully subject to cross-examination,” Judge Bernstein wrote. The Judge also noted that Markowitz’s testimony clearly explained “that it is the cumulative effect which causes the disease.”

The total verdict for the plaintiff is $2,286,376.44. (pennrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 12.5.13 – WHO Study Reports Toll of Asbestos Disease

December 5th, 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.

Millions of Potential Life-Years Lost to Asbestos Disease, WHO Study Shows

A recent analysis of data from the World Health Organization, shows that when the problem of mesothelioma and asbestosis, the two most prominent asbestos-related diseases, is analyzed in terms of life years lost, the burden is “substantial”.

Researchers in Japan and Indonesia found that a total of nearly 3 million potential life years have been sacrificed to these diseases by more than 141,000 people in dozens of countries. According to their WHO data analysis, 128,015 people died of mesothelioma in 82 countries between 1994 and 2010. During the same period, 13,885 people died of asbestosis in 55 countries.

Mesothelioma is a deadly malignancy that spreads across internal membranes, inhibiting organ function and often, eventually, invading the organs themselves. Asbestosis, also known as pulmonary fibrosis, is a chronic inflammation in the lungs that causes shortness of breath and chest pain and can be fatal. Both mesothelioma and asbestosis are triggered by prolonged or intense exposure to asbestos fibers and can develop decades after exposure.

According to the new study, which appeared in the June 12, 2013 issue of the American Journal of Industrial Medicine, people who died of mesothelioma lost a total of 2.81 million potential years of life. That equates to an average of 17 years lost for each mesothelioma patient. The 13,885 people who died of asbestosis lost an average of 13 years of life each, for a total of 180,000 years. The researchers call the Potential Years of Life Lost (PYLL) measurement a “well-established but rather under-utilized” tool for assessing global disease burden and conclude that “The future burden of asbestos-related diseases can be eliminated by stopping the use of asbestos.”

Asbestos has been linked to mesothelioma, asbestosis, lung cancer, emphysema, pleural plaques and autoimmune diseases for more than 50 years. Despite the mounting worldwide death toll, many countries continue to mine, import and use asbestos in a range of industrial applications. Asbestos was once prized as an insulator and building material because of its resistance to heat, fire and corrosion. A number of third-world countries still use asbestos because it is inexpensive.

Asbestos Lawsuits

St. Clair County, IL: John Garrigus has filed an asbestos lawsuit naming 69 defendant corporations, which, Garrigus alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

Garrigus worked as in the U.S. Air Force from 1972 until 1974, according to the complaint. He was also secondarily exposed to asbestos fibers through his father, who worked as a laborer at Clark Oil Refinery, the lawsuit states.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of his asbestos-related diseases, Garrigus became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

In his 10-count complaint, Garrigus is seeking a judgment of more than $100,000, economic damages of more than $150,000, compensatory damages of more than $200,000, punitive and exemplary damages of more than $50,000 and other relief the court deems just.

St. Clair County, IL: Margie Vail filed an asbestos lawsuit naming 51 defendant corporations. She filed the asbestos complaint on behalf of her recently deceased husband, Bobby G. Vail, who died on March 31, of asbestos-related illness.

Margie Vail alleges the defendant companies caused Bobby Vail to develop lung cancer after his exposure to asbestos-containing products throughout their careers. Bobby Vail worked in the U.S. Navy from 1948 until 1967 and as a maintenance worker and mechanic from 1969 until 1989.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Vail’s safety.

As a result of his asbestos-related diseases, Bobbie Vail became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiff claims.

Through her lawsuit, Margie Vail is seeking economic damages of more than $50,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just.

New Orleans, LA: Emile and Julia France have filed an asbestos lawsuit against four of Mr. France’s previous employers, namely Chevron U.S.A. Inc., McDermott Inc., Hess Corp. and Tate & Lyle Ingredients Americas. The asbestos lawsuit, filed in federal court in New Orleans, alleges Mr. France developed brain cancer after years of exposure to asbestos.

France worked for McDermott as an operator in 1962 for approximately six months and worked at Hess from approximately 1962 to 1964. He also worked for Tate & Lyle as a pumper and gauger from 1967 to 1971 and as an employee of Alliance Refinery from 1971 to 1976. It was during this period, the lawsuit states, that France was exposed to and inhaled significant quantities of asbestos and asbestos-containing products, resulting in his developing lung cancer, brain cancer, impaired pulmonary capacity, and reduced lung volume.

A Jones Act claim has been filed against defendant McDermott. While defendants Hess, Chevron, Tate & Lyle and McDermott are accused of negligence and strict liability for not providing respiratory protection or other personal protective equipment, not providing proper training in the proper safety procedures, failing to have the necessary equipment to perform the required work, failing to have properly trained and competent crew, and for failing to comply with applicable regulations and laws.

Through the lawsuit, Mr. France is seeking damages for pain and suffering, medical expenses, physical therapy, disability, emotional and psychological anguish and distress, loss of income, loss of enjoyment of life, loss of consortium, loss of service and loss of society, punitive damages, court costs, attorney’s fees, and interest.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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