A California federal court heard opening arguments in May for an asbestos lawsuit involving a former military officer alleging that he developed mesothelioma as a result of asbestos exposure while serving in the U.S. Navy.

Plaintiff Barry K. filed the asbestos cancer lawsuit after developing mesothelioma after allegedly being exposed to asbestos while on duty on a naval ship for more than 20 years. He has brought forth claims against the shipbuilders and suppliers that he claims caused his alleged asbestos exposure.

In 2011, Barry was diagnosed with peritoneal mesothelioma. This rare cancer develops in the membranes surrounding the organs in the abdomen. Mesothelioma only develops as a result of asbestos exposure, and according to the asbestos cancer lawsuit, the Navy ship was filled with asbestos for insulation and fire protection.

Barry was first exposed to asbestos on the ship in the 1960s and he ended his service with the Navy in 1991. In 2010, he first noticed symptoms of cancer, following a latency period that is common in the development of mesothelioma.

The defendants in the asbestos mesothelioma lawsuit include shipbuilders Todd Shipyards Corp, and suppliers Cleaver Brooks Inc. and Crane Co. Barry has settled out of court with CBS Corp (successor to Westinghouse Electric Corp.) in April against the fourth defendant.

In opening statements with the remaining defendants, the companies said they followed the strict Navy standards to build the ship, which was one of 46 with the same design. According to the defendants, the Navy required them to use asbestos, and the companies felt they were just doing as they were told to do.

Counsel for Todd Shipyards said, “He was exposed to asbestos; there’s no doubt he would have been exposed. But it wasn’t all the time.” He also said that as a supervisor in the Navy, Barry would have had less contact with asbestos.

Attorneys for the suppliers said their parts contained little to no asbestos, or if they did contain asbestos, it was a different kind that would have triggered the peritoneal mesothelioma that Barry developed.

Clever Brooks’ attorney claims, “We didn’t do it. Nothing [we] did has anything to do with the condition Mr. K is in now.”

Asbestos, Mesothelioma and Lung Cancer

Asbestos is a mineral that naturally occurs in hills or mountains. The mineral is used to make insulation in buildings and in ships to conserve energy, and it has fire protection properties as well, so it has been a commonly used building material until the last few decades.

Mesothelioma is a cancer that affects the mesothelial cells that line the chest and abdominal cavities and is caused by asbestos exposure. Lung cancer can also develop as a result of asbestos exposure.

Asbestos Cancer Lawsuit Information

If you or a loved one has suffered from asbestos mesothelioma, lung cancer, or any other condition related to asbestos exposure, you may have a legal claim.

The Asbestos Mesothelioma Lawsuit is Case No. 3:11-cv-03240 in the U.S. District Court for the Northern District of California.