Heba Elsherif  |  August 13, 2018

Category: Labor & Employment

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xray of lungs with asbestos cancerLamorak Insurance Co. and a number of other named defendants face a recent asbestos cancer lawsuit filed by a man in Louisiana federal court. The lawsuit was filed on July 23, 2018.

Plaintiff Joseph B. filed the lawsuit stating that he worked for a number of companies named in the complaint throughout his lifetime. The first was Avondale Shipyards in Louisiana, to which he was an employee of the company between 1960 and 1965. During his employment he says that he became exposed to substances which resulted in his asbestos cancer.

According to the asbestos cancer lawsuit, he was also employed in various other positions including CBS Corporation between 1966 and 1967 and at Kaiser Aluminum & Chemical Company in Gramercy, Louisiana from 1967 to 1979.

Throughout his decades of work, the asbestos cancer lawsuit states, Joseph was exposed to asbestos while working and riding with other employees and coming into contact with other items that had been contaminated with asbestos.

He “was exposed to asbestos on a daily basis and he contracted cancer, mesothelioma, and lung cancer as a result thereof, although it did not manifest itself until 2017,” the asbestos cancer lawsuit states.

According to the lawsuit, moreover, medical evidence also showed that Joseph “began to sustain tissue damage shortly after the inhalation of asbestos fibers and that he sustained distinct bodily injury in each year of his occupational exposure to asbestos.”

Overview: Asbestos Cancer

According to the Centers for Disease Control and Prevention (CDC), the most prominent cause for cancer death among Americans is lung cancer. Almost 200,000 Americans are being diagnosed with lung cancer every year from various causes. Asbestos exposure is one of them.

There are two known types of lung cancer: small cell lung cancer and non-small cell lung cancer. Treatment varies based on the condition. Additionally, lung cancer is often diagnosed much later in its development, as its symptoms, such as shortness of breath, coughing, and fatigue, can be mistaken for other conditions.

According to the Agency for Toxic Substances and Disease Registry (ATSDR), asbestos exists naturally in the environment. The six different kinds of fibrous minerals that make up asbestos can be long, strong, flexible, and heat resistant.

Asbestos fibers can be spun and woven due to their flexibility. Because of these characteristics, it makes sense that asbestos has been widely used in a variety of manufactured goods. Asbestos fibers can be frequently found in roofing shingles, paper products, asbestos cement products, and ceiling and floor tiles.

It can also be found in friction products, such as automobile brakes, clutch, and transmission parts, and in heat-resistant fabrics, coatings, gaskets, and packaging.

When used and the microscopic fibers are released into the air, asbestos can be unknowingly inhaled. It can cause asbestos lung cancer, or if in the lining around the lungs, mesothelioma.

Asbestos Exposure Risk

There are certain occupations, that are at higher risks for developing asbestos cancer. Those individuals who worked in construction or on naval ships are some of the more common sufferers.  Some occupations include:

  • U.S. Military, and in particular the Navy
  • Shipyards workers
  • Auto mechanics
  • Paper mill workers
  • Construction workers
  • Textile workers
  • Insulation installers
  • Sheet metal workers
  • Roofers
  • Toll Collectors
  • Tilers
  • Linotype technicians
  • Plumbers

Companies are responsible to warn employees, as well as provide protective gear, but many did not. New uses of asbestos were not banned until 1989, so many workers prior to this time are at risk of past exposure.  Moreover, with an incubation period that can be decades, many who develop lung cancer or mesothelioma do not realize the cause.

Asbestos lung disease victims have been awarded millions of dollars after having filed legal claims for their injuries. Many of the victims of asbestos exposure filed after having been exposed to asbestos either at home from second-hand exposure or on the job.

The Asbestos Cancer Lawsuit is Case No. 2:18-cv-06898-NJB-JCW, in the Civil District Court for the Parish of Orleans, State of Louisiana Division.

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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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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