A couple has filed a talc asbestos contamination lawsuit against American International Industries, among other named defendants, alleging the development of cancer following exposure to asbestos.
Plaintiffs Everette V. and Lucille V. have filed the talc asbestos contaminationlawsuit in North Carolina federal court. The lawsuit was filed on Feb. 9, 2018, and demands a jury trial.
According to the talc asbestos contamination lawsuit, Everette says that he was diagnosed with mesothelioma on July 21, 2017, after being exposed to asbestos. Allegations purport that because of a decade worth of exposure to asbestos, he developed cancer.
The lawsuit states that because Everette served in the U.S. Navy as an Interior Communications Electrician (IC3) between January 1954 and January 1965, he was exposed to various asbestos products.
“Aboard the USS Olmsted, plaintiff worked with … asbestos-containing materials including but not limited to … gyro compass, boiler feed water salinity and internal communications telephone system equipment and other asbestos-containing materials and equipment manufactured and/or sold by Defendants …”
According to the lawsuit, Everette also says that he was exposed to asbestos-containing products through self-employed work as a home builder in Salisbury, N.C. between 1956 and 1969.
He further alleges he was exposed to asbestos contained in many talc-based cosmetic products, like body powders sold under the brand names Clubman and Jeris.
The talc asbestos contamination lawsuit was filed on multiple counts including defective design, failure to warn, breach of implied warranty, gross negligence, willful, wanton, and reckless conduct and conspiracy.
Asbestos Mesothelioma
According to the National Cancer Institute (NCI), asbestos is made up of bundles of fibers that form naturally in the environment. Asbestos fibers are durable, thin and resistant to heat, fire and chemicals. Asbestos fibers also do not conduct electricity. For these reasons, among many others, asbestos fibers have been used in several different kinds of industrial and commercial applications.
Asbestos fiber has been used commercially in North America since the late 1800s, with usage increasing throughout World War II. Industries where asbestos has been widely used have included building and construction industries, the shipbuilding industry and the automotive industry.
However, asbestos usage in things like gas fireplaces and in wallboard patching compounds was banned in the 1970s.
Because of health hazards associated to the exposure to asbestos, the EPA, International Agency for Research on Cancer (IARC), and the U.S. Department of Health and Human Services (HHS), have all classified asbestos as carcinogenic, or a product that causes cancer.
Exposure to asbestos can cause health hazards such as asbestosis, or the “inflammatory condition affecting the lungs that can cause shortness of breath, coughing, and permanent lung damage,” according to the NIC. Other health hazards include mesothelioma, or a tumor of the tissue that lines the lungs, nonmalignant lung and pleural disorders, pleural thickening, benign pleural effusions and pleural plaques.
Those most at risk for the development of an asbestos-related disease include people who often work directly with asbestos or “through substantial environmental contact.” According to the NIC, however, they say that “Everyone is exposed to asbestos at some time during their life.”
The Talc Asbestos Contamination Lawsuit is Case No. 1:18-cv-00090-UA-JLW, in the U.S. District Court for the Middle District of North Carolina.
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