Most will agree that unprotected, long-term exposure to asbestos fibers is a death sentence.
That is allegedly what happened to Ronald Duane Deem, who toiled for a number of years for shipyards, steel mills, refineries, paper mills, chemical plants, as well as the military and other facilities. According to the plaintiff's original petition, various companies including Viacom, Zurn Industries and General Electric had full knowledge that the asbestos products they manufactured would hit the market without inspection for defects.
"Defendants knowingly conspired among themselves to cause Deem's injuries, diseases, and illness and/or death by exposing him to asbestos," the suit said. "Defendants committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos."
The lawsuit, filed with the Orange County District Court May 23rd, suggests that Deem was more than likely exposed to asbestos fibers over the years while working at various sites, on behalf of various employers—39 of which are named as defendants in the lawsuit. "Deem has sustained damages including injuries…and has been deprived of the opportunity of informed free choice," the suit said. "Each defendant violated federal and state regulations relating to asbestos exposure."
Shirley Deem is bringing the lawsuit on behalf of Ronald Deem, who has since died. The original petition sought damages for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses, including homecare costs.
Deem also seeks punitive and exemplary damages. "Plaintiff will rely on a fair and impartial jury to provide compensation," the suit said.
One of the companies named in the lawsuit is A.W Chesterton.
Asbestos has long been known as a serious carcinogen, with data dating back to the early 1900s. However, it wasn't until the 1970s that any proactive measures were taken in an attempt to curb asbestos use—and even with emerging data as to the health risks, many corporations manufacturing asbestos-related products took little, or no action to protect workers from asbestos fibers. This included many restoration companies whose job it was to rid older buildings of asbestos.
Ironically, asbestos that is allowed to remain in an undisturbed state is thought to be relatively safe. It is only when asbestos fibers are disturbed that they can be lethal—and even then, it can often be 30 years or more before asbestos exposure results in any obvious symptoms of asbestos-related disease, and asbestos mesothelioma.
The courts are overflowing with lawsuits on behalf of workers who have died after toiling for decades in areas were asbestos was an everyday hazard. Many of these individuals are just entering their retirement years, have slaved for decades in an effort to raise their families, pay off their home, put their kids through collage, and ensure a restful and enjoyable retirement.
Sadly, they end their working career only to find out that they are exhibiting signs of asbestos-related disease, or asbestos mesothelioma from long-term exposure that might have occurred years, if not decades before. By now, it's too late. Instead of looking forward to a well-earned retirement, many of these workers are facing months of pain, and steep costs for their care.
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One poor woman did not know that she was handling asbestos fibers every time she stuffed her husband's work clothes into the washer. She went nowhere near any asbestos-laden site. She didn't need to. It was right there, in her laundry room.
She died.
Companies, and corporations who are aware they are exposing their workers to asbestos and do nothing about it, are doing a moral disservice to not only their workers, but also their worker's families.
For that, they must be made to pay…