The Fifth Circuit Court of Appeals has upheld the decision that transportation company Ramsay Scarlett & Co. must pay for the medical treatment of a former employee diagnosed with asbestosis.

Plaintiff Ferdinand F. filed the asbestos lawsuit after being diagnosed with the medical condition that occurs from inhaling asbestos fibers.

Ferdinand claims he was exposed to asbestos while working for Ramsay Scarlett between 1969 and 1991 where he primarily was in charge of changing the breaks and clutches of several types of equipment.

While Ramsay Scarlett did not dispute that Ferdinand worked with asbestos-containing material, they argued that his exposure which ultimately led to asbestosis, could have occurred while he worked at a storage facility between 1972 and 1976.

The lower court rejected Ramsay Scarlett’s argument that Ferdinand could have contracted the medical condition elsewhere and the Fifth Circuit Court of Appeals agreed with this ruling. The appeals court did not find that Ramsay Scarlett met its burden of proof.

According to the court, “The only evidence that Ramsay Scarlett itself submitted on the causation issue was evidence that, by 1976, the Occupational Health and Safety Administration had adopted regulations regarding asbestos, which would have greatly limited any exposure to asbestos.”

Plaintiff Ferdinand claims that because of his on-the-job asbestos exposure, the company is liable under the Longshore Harbor Worker’s Compensation Act to pay for his medical costs. In 2013, an administrative law judge agreed that Ramsay Scarlett should cover the medical costs of its former employee.

However, the transportation company appeal that ruling to the Benefits Review Board, which affirmed the judge’s decision in September 2014 which in turn lead to the Fifth Circuit appeal.

Asbestos Mesothelioma Cancer Risks

Between 12,000 and 15,000 U.S. residents die from an asbestos related disease each year, according to the Environmental Working Group (EWG).

The group made this conclusion based on analyzing death records from the Center for Disease Control to identify all who died primarily or in part to asbestosis or mesothelioma which are the two deadly diseases linked to asbestos exposure.

Asbestos cancer risks vary but it primarily occurs when a person is exposed to the nearly invisible fibers on a continuous basis. Over the years, the tiny, jagged asbestos fibers are stored and build-up inside the lung. Asbestos lung cancer can take decades to develop but can spread throughout the lungs and heart in just a few short months.
It is almost always in an advanced stage when diagnosed but there are some symptoms to asbestos lung cancer including: Shortness of breath, abdominal swelling, fatigue, chest pain, retaining fluids, and coughing. Employees who are at a higher risk of asbestos exposure include:

• Shipyard workers
• Auto mechanics
• Construction workers
• Paper mill workers
• Textile workers
• Insulation installers,
• Roofers
• Sheet metal workers
• Tilers

Asbestos Lung Cancer Lawsuits

More than 600,000 plaintiffs have filed asbestos cancer lawsuits making it one of the largest litigation movements in U.S. history.

In general, asbestos mesothelioma lawsuits claim that employers did not warn that asbestos exposure could lead to lung cancer. Some lawsuits allege that companies did not provide a safe working environment by providing proper ventilation or masks to reduce the risk of exposure.

If you were exposed to asbestos and later developed asbestosis or mesothelioma, contact an attorney to find out if you can join an asbestos mesothelioma class action lawsuit.

The Asbestosis Lawsuit is Case No. 15-60112, in the U.S. Court of Appeals for the Fifth Circuit.