A San Francisco shipyard worker who worked on nuclear submarines in the 1970s filed a lawsuit after being diagnosed with asbestos lung disease.

The plaintiff, Gary K., was a civilian employee at Mare Island Naval Shipyard in Vallejo through the 1970s, working on nuclear submarines.

His job entailed loading the nuclear submarines boxes of insulation material called Unibestos, which was riddled with asbestos. The plaintiff also worked alongside employees who cut, installed, and removed the asbestos material.

Decades later, in 2011, Gary was diagnosed with a life-threatening asbestos lung disease, asbestosis.

Gary filed his lawsuit against multiple companies involved either producing or distributing the Unisbestos material from his days at the shipyard, including Metalclad Insulation Corp.

While some of the defendants involved in the lawsuit ended up reaching a settlement agreement, his claim against Metalclad Insulation Corp. was rejected.

Metalclad Insulation Corp. claimed immunity as a government contractor, saying that the Navy had been aware and informed of the dangers of asbestos lung disease, yet ordered the product anyway.

The First District Court of Appeal in San Francisco sided with a San Francisco Superior Court judge’s previous ruling regarding defendant’s protection, noting that contractors who supply products according to government agency standards, as long as the risks have been properly weighed, are protected from lawsuits like Gary K.’s

Unisbestos was first approved by the Navy for use in its vessels in the 1930s. The Navy continued use of the substance until the early 1970s.

Although the Navy became aware by 1968 of evidence regarding the dangers of asbestos, including side effects like asbestos lung disease, it continued using asbestos products from Metalclad through the early 1970s.

Gary K. may be able to ask the state Supreme Court to review the First District Court of Appeal’s ruling on this lawsuit.

According to the plaintiff’s attorney, “Unibestos was not designed pursuant to Navy specifications,” Grant said. “The court was also wrong in saying the government weighed the hazards of asbestos against its utility. There was no proof of that.”

What is Asbestos?

Asbestos is a naturally occurring mineral used for commercial purposes such as electrical or building insulation, as well as countless other uses, such as in the Navy vessels Gary K. worked on in the 1970s.

The microscopic fibers from asbestos products can accumulate in the lungs and cause several critical health problems, including asbestos lung disease and cancer. Asbestos lung disease may take decades to develop, but can quickly spread to distant organs.

Asbestos Lung Disease Lawsuits

According to many asbestos exposure lawsuits, the companies that allow their workers to be exposed to asbestos should have been aware of the dangerous nature of their asbestos-containing materials.

Companies should also be aware of its ability to cause disease and even fatalities. There are many asbestos regulations in place to prevent these kinds of issues. Asbestos exposure reported to health regulators is taken very seriously.

If you or someone you know has been diagnosed with or died from an asbestos lung disease, you may be able to file an asbestos exposure lawsuit or seek an asbestos fine.