The family of a deceased miner has filed a lawsuit against numerous mining companies, alleging that asbestos exposure in mining caused him to develop fatal mesothelioma.

The family and estate of miner Louis O. have filed a lawsuit against numerous companies that sold or manufactured products which they allege caused asbestos exposure in mining.

According to the family, Louis was formerly a mine prospector and often came into contact with pumps, gaskets, packing, brakes, and motors. While working for Barite, a mining company, in the late ’70s, he allegedly experienced repeated asbestos exposure in mining equipment repair and maintenance.

“This work would have exposed him to the very large friction products used to control the excavation machine, including brakes and gaskets,” the lawsuit states.

Louis died of malignant mesothelioma in April 2015.

What is Asbestos?

Asbestos is a naturally occurring fibrous mineral which can be pulled into thin fibers. The fibers were previously used as an additive in other materials because they are naturally resistant to heat, fire, chemicals, and electricity.

However, despite asbestos’ many uses, the material is highly toxic. According to the lawsuit, the defendants knew about the risk of asbestos exposure in mining as early as 1933, yet continued to design, manufacture, and sell products containing the dangerous material.

“The Defendants knew, or should have known, that the asbestos fibers contained in their products had a toxic, poisonous, and highly deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them,” the lawsuit states.

Louis’ family claims that the repeated asbestos exposure in mining caused Louis to develop mesothelioma. When asbestos materials are cut or moved, they release small fibers which can be inhaled. Once inhaled, the body cannot expel the fibers. After asbestos exposure in mining, Louis allegedly had asbestos fibers in his body causing cellular damage, leading to the development of mesothelioma.

Exposure and Mesothelioma

Mesothelioma is a cancer of certain linings in the body. Pleural mesothelioma is the most common form of the cancer and affects the lining of the lungs. This form of mesothelioma can be related to inhaled asbestos fibers, as in Louis’ case. Peritoneal mesothelioma affects the peritoneum, or the lining of the abdomen. This form of mesothelioma is related to asbestos fibers that were swallowed. Pericardial mesothelioma is the rarest form of the cancer and affects the pericardium, the lining around the heart.

The plaintiffs in the case argue that Louis’ asbestos exposure in mining was the direct cause of his mesothelioma. Despite asbestos exposure in mining being common, the defendants allegedly did not include warnings or safety recommendations with their products. This meant that Louis was not properly informed of the risks associated to asbestos exposure in mining and had no way to protect himself from developing mesothelioma in the future.

Louis’ family and estate accuse the defendants of negligence and strict product liability. The lawsuit seeks wrongful death damages, personal injury damages, loss of consortium damages, punitive damages, court costs, and attorneys’ fees.

The Asbestos Mesothelioma Lawsuit is Case No. 1:18-cv-00384-SCY-KK in the United States District Court for the District of New Mexico.