Kim Gale  |  December 5, 2016

Category: Labor & Employment

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abestos-lung-cancerA Wisconsin man has filed an asbestos wrongful death lawsuit over the mesothelioma cancer death of his father.

Herbert S. died on Jan. 5, 2016. The asbestos wrongful death lawsuit claims Herbert inhaled airborne asbestos fibers at the Marshfield plant where he worked from 1962 through 2001.

Marshfield Plant Exposed Workers, Community to Asbestos

Defendant Weyerhauser previously owned the Marshfield, Wisconsin door manufacturing plant where Herbert worked.

The plant manufactured asbestos fireproofing products and asbestos-containing products were used in production.

According to the asbestos wrongful death lawsuit, Weyerhaeuser is legally responsible for the conduct of Roddis Plywood Corporation, which formerly owned and operated the Marshfield plant.

In addition, defendant Owens-Illinois, Inc. (OI) designed, owned, and sold licenses for a patent for the manufacture of Kaylo brand fire doors that included the asbestos-containing cores.

From 1955 through 1979, the Marshfield plant manufactured asbestos-containing fire doors. The plant started to manufacture cores that contained asbestos.

These cores were placed within the fire doors. Plant operations included disposal of the dust and scrap waste generated from the manufacturing process of the doors and cores.

The asbestos wrongful death lawsuit states, “It was foreseeable to OI that Plaintiffs and other workers working in or in proximity to Kaylo fire door production operations at Weyerhaeuser would inhale asbestos fibers released from the Kaylo fire doors during the production process pursuant to the OI design.”

According to the asbestos wrongful death lawsuit, Herbert inhaled airborne asbestos fibers from the following sources:

  • Fibers released inside the plant where he worked from 1962 through 2001;
  • Asbestos fibers taken out of the plant beginning in 1955 when employees or others on the plant grounds went back to their homes, autos, and other locations outside the manufacturing area; Herbert breathed these airborne fibers while residing in and frequenting the same places as employees since 1955;
  • Emissions of asbestos dust starting in 1955 into the community air of Marshfield. Herbert breathed this contaminated air from birth to death while residing in the community.

Over the years, Herbert allegedly did not understand or know how to protect himself against the dangers of asbestos fibers. He was diagnosed with malignant mesothelioma on Oct. 28, 2015.

Exposure May Lead to Asbestos Wrongful Death

Nearly 3,000 new cases of mesothelioma are diagnosed each year in the United States.

Although asbestos use in the U.S. has dropped in recent decades, the number of people diagnosed with the rare cancer has remained steady. Medical complications from asbestos exposure can take from 20 to 50 years for symptoms to start appearing.

When asbestos materials are disturbed, they release tiny fibers into the air. When we inhale or swallow the microscopic fibers, they become embedded inside our bodies.

It takes decades, but the trapped fibers can cause inflammation, scarring and genetic changes that sometimes lead to cancer, which is what allegedly happened to Herbert.

The Asbestos Wrongful Death Lawsuit is Case No. 16-cv-726, in the U.S. District Court for the Western District of Wisconsin.

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 asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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