By Kim Gale  |  November 12, 2018

Category: Labor & Employment

Family Sues After Man Dies of Cancer Allegedly Caused by Maritime Asbestos ExposureThe family survivors of a man who died of cancer after alleged maritime asbestos exposure have filed a lawsuit.

Jose R. died Dec. 1, 2015 of asbestos-related cancer, his family says. He was diagnosed Oct. 28, 2015.

The family alleges that from 1945 to 1966, Jose worked for Hess Corporation, Keystone Tankship Corporation and Marine Transport Lines as a merchant mariner according to this maritime asbestos exposure lawsuit. He was assigned to the deck department, sailed in Texas waters and called on Texas ports while working aboard several different vessels.

“Throughout the entirety of his sea service career, Jose was required by his employers to perform duties which included the constant exposure to asbestos friable fibers, causing him to breathe into his system carcinogenic asbestos dust, resulting in harm Jose, including a lung cancer,” alleges the maritime asbestos exposure lawsuit.

For decades, the carcinogenic dangers of asbestos and asbestos-containing products have been known. The ship owners allegedly ignored the significant dangers by allowing dangerous and illegal concentrations of asbestos to permeate the air, potable water and food upon the ships.

Inhaling and ingesting asbestos fibers usually causes no symptoms at the time they are inhaled and ingested. The fibers dig into the deep tissue of the lungs and other parts of the body where they fester for 15 to 50 years before the constant inflammation gives rise to cancerous cells.

Jose’s family argues that his maritime asbestos exposure allegedly could have been reduced if he had been given safe and appropriate uniforms and proper protective equipment and appliances when working with and near asbestos.

The ship owners purportedly failed to provide a reasonably safe working environment by failing to adopt or enforce safe handling methods for the handling, installation, and removal of asbestos-containing materials.

Maritime Asbestos Exposure Led to Painful Cancer

According to the maritime asbestos exposure lawsuit, Jose suffered “great pain of mind and body, shock, disgrace, outrage humiliation, indignity, disability, loss of the joys, pleasures and vitalities of life, and exacerbation of existing disease” as he suffered from asbestos-caused lung cancer.

His relatives say he became fearful of the ravages of his cancer and suffered from progressive shortness of breath. Monetarily, he incurred unexpected medical bills and other expenses and lost wages for the time he was unable to continue working.

According to the American Cancer Society, there is no safe type of asbestos or safe level of asbestos exposure, and the more a person is exposed to asbestos, the greater the risk of lung cancer.

Asbestos was used in shipbuilding because the fibers were strong, heat-resistant, chemical-resistant and do not conduct electricity, all of which made it perfect for use as an insulating material. Since the mid-1970s, the use of asbestos in insulation has dropped, but older ships used asbestos to insulate pipes, wiring and floor tiles.

Enclosed areas on the ship, such as boiler rooms and engine rooms, were conducive to asbestos floating in the air for long periods of time, where they could easily, accidentally become inhaled or ingested.

The Maritime Asbestos Exposure Lawsuit is Case No. 3:18-cv-00354 in the U.S. District Court for the Southern District of Texas, Galveston 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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