Kim Gale  |  September 4, 2017

Category: Consumer News

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asbestos lung cancer shipyardA shipyard worker lung disease lawsuit has been filed by the family of man who died of lung cancer after being exposed to asbestos on the job for many years.

The list of defendants in the case include employer defendants and premises defendants, all of whom stand accused of failing to ensure asbestos safety precautions were taken.

According to the plaintiff, Steward P. worked as a pipefitter at Avondale Shipyard from 1963 to 1972. He worked as a pipefitter foreman for Falcon Corporation at Hooker Chemical from 1972 to 1976. While at work at both jobs, he incurred “substantial exposure to asbestos” on a daily basis that led to his shipyard worker lung disease.

While at Avondale Shipyard, Steward “was exposed to asbestos fibers released from installation and removal of heat insulation, boiler insulation, insulation pads, boiler lagging, oiler jackets, wallboards and other asbestos insulation on the boilers, turbines, walls, ceilings and piping systems throughout the vessels undergoing construction, maintenance or repairs.”

His asbestos contact was further increased because of the dust and fibers caused by other workers conducting repairs in the area where he was working, “causing him to sustain a substantial bystander exposure to asbestos.”

According to the shipyard worker lung disease complaint, Steward endured similar levels of asbestos exposure while working at Hooker Chemical, which is now known as Occidental Chemical Corporation.

Throughout his employment, Steward allegedly “was exposed to hazardous levels of asbestos dust and/or fiber which caused him to develop asbestos-related disease including, but not limited to, asbestosis and asbestos-induced pleural disease.”

Shipyard Worker Lung Disease Caused by Negligence

The shipyard worker lung disease complaint says that the employers “knew or should have known of the dangerous condition presented by exposure to asbestos and other toxic substances, and that Steward would suffer from ill health effects, including cancer as a result of this exposure, but they failed and/or willfully withheld from [him] knowledge of the dangers to his health.”

Among the allegations facing the employer defendants are failure to “adopt and enforce a reasonable safe plan and method of handling asbestos.”

Employers allegedly neglected to inform Steward that he should wear filtering respiratory protective equipment and failed to provide such equipment for him to wear when working or traveling through environments contaminated with asbestos dust.

By not monitoring or evaluating the dust levels in the working environment, the employers failed to ensure Steward was not exposed to danger levels of asbestos dust that would eventually settle into his lungs and cause cancer.

Allegations against the premises defendants include:

  • Failing to provide necessary protection
  • Failing to provide clean, respirable air and proper ventilation
  • Failing to provide necessary shower and special clothing
  • Failing to warn contractors, including Steward, of the risks of being exposed to direct and bystander asbestos
  • Steward’s children filed the shipyard worker lung disease lawsuit on behalf of their deceased father.

The Shipyard Worker Lung Disease Lawsuit is Case No. 2:17-cv-07029-SSV-MBN in the Civil District Court for the Parish of Orleans, State of Louisiana.

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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