Kim Gale  |  June 22, 2016

Category: Labor & Employment

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asbestos mesothelioma lawsuitAn Oregon carpenter who was allegedly exposed to asbestos on the job and who later developed mesothelioma was victorious in a lawsuit against the manufacturers who produced the asbestos-containing material he worked with regularly.

Plaintiff David H. spent decades as a carpenter on commercial construction projects in Oregon and Washington.

In his mesothelioma lawsuit, David claims he had no idea he was a mesothelioma victim until after he had suffered from decades of asbestos exposure.

David’s lawsuit alleged that he was exposed to asbestos from 1972 through 2013, when he worked with a drywall joint cement made by Kaiser Gypsum Co.

Diagnosed with mesothelioma in August 2015, David said breathing in asbestos particles from “routine and anticipated use” of the drywall cement led to his cancer.

An Oregon jury agreed, awarding David $750,000 for medical expenses and $4 million each for noneconomic damages to David and his wife.

Kaiser-Gypsum’s asbestos-containing joint compound was defective and was a substantial element in David’s development of asbestos mesothelioma, found the jury.

Kaiser Gypsum and Asbestos Mesothelioma

The Consumer Product Safety Commission banned all sales of asbestos-containing products in 1978, but David’s lawyers claim the company knew of the drywall cement’s danger ten years prior.

“Internal Kaiser documents indicated that Kaiser was aware of the link between asbestos and mesothelioma as early as 1965, yet Kaiser never included the link to caner on any warnings on its products and continued to sell them without a cancer warning until 1978,” David’s attorneys said.

Mesothelioma Cancers and Asbestos Exposure

Mesothelioma cancer is a rare cancer primarily caused by prolonged asbestos exposure, usually in the workplace.

Mesothelioma lung cancer is the most common type of mesothelioma cancer. Pleural mesothelioma starts in the mesothelial lining of the lungs, called the pleura. Nearly 75 percent of all asbestos mesothelioma cases are this type.

Asbestos mesothelioma victims can have shortness of breath, persistent dry cough, persistent chest pain, difficulty swallowing, night sweats/fever, and fatigue.

Symptoms may not appear for 20 or up to 50 years after initial asbestos exposure because the tiny fibers lodge in the mesothelial tissue, where they cause damage on the cellular level and result in tumor growth.

Because mesothelioma symptoms are common with other diseases, asbestos mesothelioma is difficult to diagnose. Xrays, MRIs, CT scans, PET scans, biopsies and blood tests all can assist in the mesothelioma diagnosis.

Help for Mesothelioma Victims

Mesothelioma victims and their families may face significant medical costs, along with devastating knowledge that their lives will likely be cut short. Participating in a class action lawsuit could help replace lost wages, pay for treatment, hospitalization and other illness-related costs, and help compensate for pain and suffering.

If you or a loved one suffered from asbestos mesothelioma, consider contacting an experienced attorney.

David’s Mesothelioma Lawsuit is Case No. 15CV23996 in the Circuit Court of the State of Oregon for the County of Multnomah.

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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Join a Free Asbestos Mesothelioma Class Action Lawsuit Investigation

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.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.

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