Asbestos lawsuits have set records for massive, multi-million dollar settlements. However, they are not a guaranteed payday, as a recent asbestos mesothelioma lawsuit against Foster Wheeler has shown.

Asbestosis a naturally-occurring mineral that came into widespread use during the Industrial Revolution. The material is an exceptional insulator and functionally fireproof, even under the conditions of heavy industry.

As such, asbestos was widely used in manufacturing, construction, and as insulation and fireproofing in ships.

However, before the end of the 19th century, researchers were already beginning to note that people who worked with asbestos suffered a higher rate of lung diseases. By the end of the 1920s, it was firmly established in the medical community that asbestos exposure could radically increase the risk of various diseases, including asbestos related cancers such as mesothelioma. However, asbestos was not fully phased-out in the United States until the 1970s and 1980s.

Asbestos mesothelioma lawsuits allege that various manufacturers continued to use asbestos despite mounting evidence that the material was potentially dangerous and could cause mesothelioma.

These asbestos lawsuits typically allege that manufacturers knew that asbestos could cause health problems like mesothelioma, but continued to use the material, putting workers at risk.

In addition, asbestos mesothelioma lawsuits typically seek compensation for medical costs, lost wages, lost income potential, and other costs allegedly linked to mesothelioma and other asbestos-related illnesses. Unfortunately, mesothelioma is a particularly deadly form of cancer and many asbestos lawsuits are filed by surviving family members due to the loss of a loved one.

Such an asbestos lawsuit was filed by the family members of Ralph L. — plaintiffs Joseph L. and Lois L. The asbestos mesothelioma lawsuit identifies Joseph as Ralph’s “estate” and Lois as Ralph’s widow.

According to the family’s asbestos lawsuit, Ralph worked at Getty Oil Refinery in Delaware, where he serviced equipment lined with asbestos, causing him to develop mesothelioma.

However, the family’s asbestos lawsuit was entirely based on testimony from another worker named Louis P. Louis’ testimony did verify that Foster Wheeler asbestos was used on the work site, but he could only clearly recollect that there were two Foster Wheeler-made boilers on the site, and he could not clearly remember Ralph working on them.

While it was possible that other equipment at the Getty site included Foster Wheeler asbestos, there was not enough evidence in the court’s judgment to hold Foster Wheeler accountable for Ralph’s mesothelioma.

When pursuing a mesothelioma lawsuit, it is critical to gather documentation or locate witnesses to your asbestos exposures. Evidence like this can be critical in an asbestos lawsuit and may make the difference in determining whether you or your family receive compensation for the illness and medical care. Consulting an asbestos attorney can help you determine exactly what you want to need to do to best make your case.

The Asbestos Mesothelioma Lawsuit is Case No. 1353, in the U.S. District Court for the Middle District of North Carolina.