Amanda Antell  |  November 26, 2014

Category: Labor & Employment

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Navy asbestos A California jury has awarded a former Navy machinist $71 million as part of a mesothelioma lawsuit settlement against gasket manufacturer John Crane, which supplied parts used on U.S. navy submarines the plaintiff worked on from 1964 to 1990.

The mesothelioma settlement was handed down by an Alameda County jury on Oct. 30, 2014, after the jury reviewed the facts from both parties. The jury found the defendant company guilty of negligence for failing to warn plaintiff Richard Whalen and his co-workers of the dangers of working with their products which contained asbestos.

Despite the verdict, the jury only found the defendant 3% responsible for the plaintiff’s injuries.

The Navy mesothelioma lawsuit was filed by Whalen and his wife, who accused the defendant of manufacturing unreasonably dangerous materials. Whalen was awarded $40 million in non-economic damages and $861,113 in economic damages for the injuries he incurred from his Navy asbestos exposure. His wife was awarded $30 million for loss of consortium.

The jury heard that from 1964 to 1990, Whalen worked as a machinist mate and nuclear inspector on U.S. Navy submarines, inspecting the vessels to ensure quality and functionality. Whalen was diagnosed with mesothelioma in December 2013.

Mesothelioma is a rare form of cancer that is specifically caused by asbestos; once asbestos fibers are inhaled, they attack the mucus lining of the lungs, chest cavity and/or abdomen, giving way for the cancerous development.

Overview of Asbestos Mesothelioma Complications

While a rare form of cancer, new mesothelioma cases number in between 2,000 to 3,000 each year in America. This condition can take as long as 50 years to show any symptoms, which causes doctors to miss signs and symptoms until the disease is in a latent stage.

Often times when mesothelioma is diagnosed, the cancer has already spread through the body, leaving little treatment options for patients. Medical experts estimate that 100,000 people have died, or will die, from mesothelioma after being exposed to asbestos in work environments; workers are often exposed to asbestos unknowingly, ultimately leading to asbestos lawsuits.

Whalen claims in his asbestos lawsuit that he was exposed to asbestos due to the materials made by John Crane; he claims that the defendant knew the risks of using asbestos but still took no precautionary measure for him or other employees. At the trial, Whalen and his lawyers argued that the company deliberately concealed the risks of asbestos exposure and was fully aware of the danger they were putting the workers in. Reportedly, no protective gear was provided, and no safety methodology was discussed for the benefit of the workers.

It has been estimated that more than 600,000 plaintiffs have filed legal action against more than 6,000 defendants for asbestos injuries. Asbestos litigation is the longest running mass-tort in the history of the United States. In addition to plaintiffs who were directly injured by asbestos fibers, many family members are also filing asbestos lawsuits for either being exposed to asbestos in second-hand form, and for loss of consortium.

Many plaintiffs accuse these companies of disregarding the health of their employees and the families of their employees by failing to notify them of asbestos and failing to provide them protective gear. This choice of negligence currently affects thousands of people in the United States,.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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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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