By Amanda Antell  |  April 9, 2014

Category: Labor & Employment

Navy asbestos exposure lawsuitMichigan couple Charles and Ursula Shall have filed a mesothelioma lawsuit against the manufacturer that made the materials on the Naval vessel Mr. Shall served on, that they claim contained asbestos and led to the severe health complications he developed, primarily the deadly condition mesothelioma.

Mr. Shall was first diagnosed with mesothelioma in February. The doctors knew it was from asbestos exposure, because this specific cancer can only be onset by such events.

For the past forty years, the Shalls were exposed to asbestos and were unknowingly carrying the fibers around in their clothes, spreading it to others, they claim in their asbestos lawsuit.

Mr. Shall served as a machinist’s mate and metalsmith in the United States Navy when he was younger, boarding many vessels and working with different parts. According to Mr. Shall’s mesothelioma lawsuit, it was during his time on the Navy ships that he was exposed to asbestos because many of the machines were composed of asbestos materials.

The Shalls are suing Foster Wheeler, which manufactured a majority of the materials the plaintiff worked with during his time on the vessels, from the 1960s to the 1980s.

Like most mesothelioma cases, his condition did not develop for several decades, but he and his wife are now sustain the consequences of his new condition. Mrs. Shall is a named plaintiff in this lawsuit because her marriage was irreversibly altered because of her husband’s health. Additionally, she was exposed to the asbestos without her knowledge, which also put her at risk.

Neither Mr. Shall or his wife were aware that they were being exposed to asbestos during his time in the Navy.  They would have ceased working in the environmental and would have sought immediate preventative measures.

They also allege in the asbestos lawsuit that Foster Wheeler made no effort to warn them or other potential victims of the dangers linked to the asbestos material they made their machinery with. Mr. Shall insists that Foster Wheeler should have warned them about all possible dangers of working with their materials, because he was relying on the accuracy of the given information at the time.

The Shalls are charging Foster Wheeler with negligence, concealing information, and other product liability charges.

Overview of Asbestos Complications

Asbestos is a naturally occurring fibrous mineral found that can be up to 700x smaller than a human hair.  This fiber is flammable and chemically resistant, and was cheap to use for building projects. It was used in construction up until the health complications were exposed in the 1980s.  The three primary health concerns specifically caused from asbestos exposure are:

  • Asbestosis: A serious, chronic, non-cancerous respiratory disease, which is caused by the inhaled asbestos fibers that cause scaring in the lung tissue.
  • Lung cancer: The largest number of deaths from lung cancer is due to asbestos exposure.  The most common symptoms are coughing and a breathing-rate change.
  • Mesothelioma: A rare form of cancer that most often occurs in the membrane lining of the lungs, chest, abdomen, and (rarely) heart. This sickness is found to be specifically linked to asbestos exposure.

As of now, companies are required by law to protect their employees and environment if dealing with potential asbestos exposure.  Any procedure mishaps or deviations could result in major fines, and business shutdown, as well as asbestos class action lawsuits.

The asbestos lawsuit is Charles Shall and Ursula Shall v. Foster Wheeler LLC, Case No. 14-cv-01432, in the U.S. District Court of Northern California.

In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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