An Ohio plaintiff recently filed an asbestos cancer lawsuit against AW Chesterton Company and General Electric, alleging that the companies’ asbestos and asbestos-containing materials caused him to develop mesothelioma.

The asbestos cancer lawsuit was originally filed on December 1, 2015.

According to the complaint, Plaintiff Donald F. was “exposed to the Defendants’ asbestos and asbestos-containing materials,” which were “substantial factors which directly and proximately caused him to develop mesothelioma.”

In the asbestos cancer lawsuit, General Electric Company and Westinghouse were both named as Defendants. General Electric and Westinghouse sought to remove the action from the Court of Common Pleas and have it transferred to the U.S. District Court for the Northern District of Ohio.

However, the defendants note that the asbestos cancer lawsuit filed by Donald failed to provide pertinent details surrounding specific products manufactured by either General Electric or Westinghouse that may have exposed the plaintiff to asbestos.

Donald testified that he served as a machinist’s mate on the U.S.S. Forrestal beginning in 1965. The allegedly asbestos-containing turbine in the engine room, in which he was stationed for his primary workload, was manufactured either by General Electric or Westinghouse.

However, the case is removable, according to General Electric and Westinghouse, known in this filing as the Removing Defendants, because “in all relevant aspects of their design, manufacture, and supply of any Navy turbine(s) aboard the Forrestal, and of any warnings or other written materials to be supplied therewith—were acting under the direction of an officer of the United States…”

The equipment provided by the defendants was designed based on the Navy’s “detailed and comprehensive specifications,” according to the lawsuit.

Because the defendants were acting under federal instruction, the filing should be removed to a federal court, in this case the U.S. District Court for the Northern District of Ohio, the defendants argued.

Asbestos Cancer

A growing number of people who have been exposed to asbestos in the past are now being diagnosed with in of cancer, often either lung cancer or mesothelioma. This is because cancer from asbestos exposure is generally latent, lying dormant for years before eventually showing symptoms. Despite its latency, asbestos cancer is life-threatening.

Asbestos exposure often affect construction workers, since these workers spend so much time being exposed to sites, materials, and equipment containing asbestos. Through grinding, sawing, and other construction activities, asbestos fibers are released into the air and can enter into a worker’s lungs.

While the asbestos cancer risk is a more common problem for construction workers, anyone who has been exposed to asbestos may have an increased cancer risk. The risk is more likely if exposure is constant, such as from a building in which they work, study, or live in.

Filing an Asbestos Cancer Lawsuit

While filing an asbestos cancer lawsuit cannot take away the pain and suffering of someone diagnosed with cancer, or bring a loved one back to life, it can help to compensate for financial expenses from medical bills and lost wages.

If you or someone you love has been diagnosed with cancer after asbestos exposure, you may be able to file an asbestos cancer lawsuit.

The Asbestos Cancer Lawsuit is Case No. 855139, in the U.S. District Court for the Northern District of Ohio, Eastern Division.