A California resident has filed a mesothelioma lawsuit against Foster Wheeler, a construction and engineering company based out of New Jersey, alleging that through his exposure to asbestos fibers while on the job for Foster Wheeler, he inhaled these asbestos particles, which eventually developed into asbestos lung cancer.

Plaintiff Herbert Franklin Wilson worked for Foster Wheeler and its affiliates, and during the course of his work, he alleges he was exposed to asbestos products while on the job.

According to his mesothelioma lawsuit, “all of Plaintiff’s claims arise out of repeated exposure to asbestos-containing products manufactured, distributed, and/or sold by defendants and supplied to, installed and/or maintained by defendants at Plaintiff’s worksites, over a period of years, caused from release of toxic asbestos fibers and subsequent inhalation by the Plaintiff, resulting in cumulative, progressive, incurable lung diseases.”

Wilson further alleges that his exposure to asbestos-containing materials and subsequent inhalation of fibers was not solely dependent on the workplace. His current mesothelioma condition has also allegedly risen from the asbestos containing material he was forced to handle while on the job.

Wilson and legal counsel have charged Foster Wheeler with allegations of negligence and product liability. The plaintiff is seeking relief in the form of payment by Foster Wheeler of general damages, loss of income, medical bills, legal fees, punitive damages, and any other form of relief deemed fit by the court.

The Asbestos Mesothelioma Lawsuit is Wilson v. Foster Wheeler LLC, Case No. 3:14-cv-03851-JST, in the U.S. District Court for the Northern District of California, San Francisco Division.

Background on Mesothelioma Lung Cancer

Mesothelioma lung cancer is a rare form of cancer that develops solely from exposure to asbestos and/or asbestos containing material. If an individual were to inhale asbestos fibers, those asbestos particles would become trapped in the lung or lung lining. As these fibers accumulate overtime, they can scar, inflame and create tumors in the lung or lung lining. Over the course of 35 years, this may result in a person developing mesothelioma lung cancer.

Recent medical reports have demonstrated that a person does not even need direct asbestos exposure in order to develop mesothelioma. Family members of individuals who worked with asbestos products can have secondary exposure and also inhale asbestos fibers, which may later lead to their development of mesothelioma.

Because of the reports of primary and secondary exposure to asbestos leading to mesothelioma, many individuals and their families have filed mesothelioma lung cancer lawsuits or joined mesothelioma lung cancer class action lawsuits.

Every year, 4,8000 die from mesothelioma within the United States. Many individuals may have been exposed to asbestos without their knowledge at home or on the job. However, due to the long latency period, most individuals will not receive a mesothelioma diagnosis until 15-35 years after the initial exposure.

Occupational Exposure to Asbestos

Individuals who have held certain trade professions are at a markedly higher risk of mesothelioma lung cancer. These occupations include:

• Shipyards workers
• Auto mechanics
• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

In these occupations, workers may have had prolonged exposure to asbestos in enclosed spaces with little to no protective gear.