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A Virginia couple is suing three corporations – General Electric, Foster Wheeler, and IMO Industries – accusing them of willingly exposing workers to asbestos and asbestos-containing products.
According to the asbestos lawsuit, which was filed in California federal court in October, plaintiff James A. was diagnosed with asbestos-related pleural disease, lung cancer, and asbestosis.
James, who served in the U.S. Navy and worked in such positions as boiler tender and mechanic, contracted the disease by repeatedly inhaling asbestos fibers through his occupational exposure at the defendants’ job sites over the course of many years, according to the asbestos lawsuit, resulting in “cumulative, progressive, incurable lung diseases.”
According to the asbestos lung cancer lawsuit, the defendants “consciously disregarded the safety of ‘exposed persons’ and in fact were consciously willing and intended to permit asbestos and asbestos-containing products to cause injury to ‘exposed persons’ and induced persons to work with and be exposed thereto, including [James].”
His wife alleges a loss of consortium due to her husband’s illness.
The asbestos lung cancer lawsuit seeks damages for permanent injuries including asbestosis, other lung damage, and cancer, and the mental and emotional distress of being exposed to asbestos.
Those most significantly impacted by asbestos are those who have extended exposure, typically through work or substantial environmental contact, according to the National Cancer Institute.
Asbestosis is characterized as a chronic, progressive deterioration of the lungs caused by large amounts of asbestos or long-term asbestos exposure punctuated by lung inflammation that results in shortness of breath, coughing, and permanent lung damage.
The onset of asbestosis usually begins to 10 to 20 years after the initial exposure and becomes worse over time.
Asbestos is a group of naturally occurring minerals that are threads of fiber resistant to heat, fire, and chemicals. Because of their durability, asbestos has long been used in many commercial industries, such as strengthening cement and plastics, providing roofing insulation, fireproofing and soundproofing, as well as for the shipbuilding industry to insulate boilers, steam pipes, and hot water pipes.
In 1989, the U.S. Environmental Protection Agency (EPA) banned most asbestos-containing products, but the regulation was overturned in 1991 by the 5th U.S. Circuit Court of Appeals in New Orleans, allowing uses established prior to 1989.
According to the EPA: “As a result of the Court’s decision, the following specific asbestos-containing products remain banned: flooring felt, rollboard, and corrugated, commercial, or specialty paper. In addition, the regulation continues to ban the use of asbestos in products that have not historically contained asbestos, otherwise referred to as ‘new uses’ of asbestos.”
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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