By Tracy Colman  |  November 9, 2017

Category: Consumer News

asbestos and machineryA married couple, plaintiffs Vernon F. and Joanna F., filed a lawsuit in the Circuit Court of the State of Hawaii on Oct. 13, 2017, alleging Navy asbestos exposure against a number of defendant companies.

The named defendants in this case are the Crane Company and the Viking Company, organized under the laws of the state of Delaware. Also named are the Ingersoll-Rand Company, organized under the laws of the state of New Jersey, and up to 25 unnamed entities yet to be legally determined.

According to the lawsuit narrative, Vernon F. sustained Navy asbestos exposure leading to his ultimate diagnosis with mesothelioma. His exposure occured while in the U.S. Navy and aboard two ships, the USS Tombigbee and the USS Abnaki. During the years from about 1955-1959, these ships were brought to their home port and given an overhaul at Pearl Harbor Naval Shipyard.

During this window of time, Vernon F. says he experienced constant Navy asbestos exposure from asbestos products, as well as from machinery which required frequent removal and change of asbestos-containing parts. He says he inhaled asbestos fibers daily while doing his work without the benefit of provided protective gear, nor was he given the choice to don privately purchased gear on his own behalf.

Navy Asbestos Exposure and Latency

Asbestos fibers that become embedded in the lungs can remain there for years before asbestos-related disease develops. This is known as a latency period. During this time, cellular changes can be happening that remain asymptomatic. The average latency is 30 years from the initial exposure.

As indicated in the Navy asbestos exposure case narrative, Vernon F. was diagnosed with mesothelioma, an asbestos-caused cancer of the lining around the lungs, abdomen, and heart in May of 2017.

In addition to malignant cancer, he also alleged permanent injury to his lungs, chest, heart, and other parts of his body related to asbestos.

The Defendants’ Responsibility

The defendants allegedly manufactured, sold, and supplied asbestos products and asbestos-containing equipment to the U.S. Navy for them to use in upgrading and retrofitting the two ships.

These products ranged from insulation to valves, boilers, compressors, pumps, distillers, and condensers. Vernon F. alleges that the defendants colluded together to create an image of product safety when engaging in commerce with the military.

Vernon F. and Frieda F. list their grievances against the companies under nine causes of action. Among the causes of action are statements concerning failure to warn, negligence, conspiracy to commit fraud, and fraudulent concealment.

The couple accuse the defendants of willfully disregarding the health and well being of others in the name of immediate profit. Frieda F. is claiming loss of consortium and companionship.

The couple hope for a trial by jury with awards granted within jurisdictional limits. They are asking for general, special, and punitive damages as well as a return of all costs associated with litigation.

The Navy Asbestos Exposure Lawsuit is Case No. 1:17-cv-00517-LEK-KJM in the State of Hawaii Circuit Court, First Circuit.

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 mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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