A new lawsuit filed in U.S. District Court for the Western District of Kentucky on Sept. 21, 2018, alleges that several companies caused the plaintiff occupational asbestos exposure.

Plaintiff David G. of Bowling Green, Ky. brings his legal claim for occupational asbestos exposure against Plastics Engineering Co., Occidental Chemical Corp., Cytec Engineered Materials Inc., Whitaker, Clark & Daniels Inc., Union Carbide Corp., and the General Electric Company.

David says he was employed in several capacities with Cutler Hammer Inc. located in his residential community of Bowling Green for several years. In his lawsuit, he claims he experienced occupational asbestos exposure working in and in close proximity to the molding department.

It was there that he encountered phenolic molding compounds, talc, and asbestos-containing products which all of the named defendants made, sold, distributed, or had some other role in marketing.

Because occupational asbestos exposure has been known to have a latency period of up to 30 years before it leads to asbestos disease, the plaintiff claims that this exposure was a direct cause of his malignancy diagnosed earlier this year.

Mesothelioma Diagnosis

David says he was found to have mesothelioma, a cancer that attacks the lining of the lungs, heart, abdomen, and testes and is very specific to occupational asbestos exposure and other kinds of asbestos exposure.

David claims that the defendants did know of potential harm their products could cause when handled, cut, molded, and ground, information they allegedly failed to disclose to David.

David’s legal claim indicates that the defendants had access to information about the health ramifications of inhaling and ingesting asbestos fibers. He accuses them of conspiring to keep this information secret and failing to warn those that would work with their products in the commercial stream to secure their continued profit.

The lawsuit narrative claims that there was no warning placed on any of the asbestos-containing materials until the defendants were forced to do so. When this was the case, the warnings were wholly inadequate to convey the seriousness of the potentially fatal harm occupational asbestos exposure could cause in the form of asbestosis, lung cancer, and mesothelioma.

David is bringing several causes of action against the asbestos-material producing defendants including but not limited to Strict Liability for Failure to Warn, Strict Liability for Design Defect, Negligence, Misrepresentation—Conspiracy to Defraud, and personal injuries. He is also asking that punitive damages be assessed against the companies in question.

The complainant has been allegedly robbed of his ability to continue to work and earn money. He is asking for compensatory damages over $75,000 to help alleviate the strain of his inability to bring in income and cover former, current, and future medical costs associated with his mesothelioma. He asks for consideration as well for all the pain and suffering that the defendants have caused him and his family.

The Occupational Asbestos Exposure Lawsuit is Case No. 1:18-cv-00134-GNS in U.S. District Court for the Western District of Kentucky, Bowling Green Division.