A mechanic and U.S. Navy veteran recently filed a lawsuit against numerous manufacturers, alleging that they knew about the link between asbestos and lung cancer but did not warn consumers and others who may have come into contact with their products.
Plaintiff Marc H. and his wife Nancy H. recently filed a lawsuit against numerous corporations including Armstrong International Inc, Grinnell LLC, Kohler Co., and Warren Pumps LLC. Marc accuses the organizations of concealing the link between asbestos and lung cancer from people who may have come into contact with their asbestos containing products.
Asbestos is a naturally occurring mineral which was previously used as an additive in many industrial applications. Asbestos fibers were often combined with other materials due to its natural resistance to damaging elements.
Despite its usefulness, asbestos is extremely dangerous. When asbestos containing products are moved, cut or otherwise disturbed, they release small asbestos fibers which can be inhaled or swallowed.
The body has a hard time dispelling these fibers and they can stay in the body for a long time, causing inflammation and cellular damage. One possible outcome of asbestos exposure includes lung cancer, but other respiratory conditions or cancers are possible.
From 1975-76, Marc served in the U.S. Navy as a machinists mate. From 1973-87, Marc worked in various maintenance positions including HVAC repair and electrician work. Between 1972 and 1995, Marc did personal automotive and construction repairs on his property and that of family members.
Marc claims that he experienced “occupational and bystander” exposure to asbestos during his employment and recreational experiences. Asbestos containing products that Marc was allegedly exposed to include boilers, furnaces, paint, dry wall, HVAC equipment, electrical equipment, shingles, tiles, pipe, caulk and tape.
The asbestos lawsuit claims that, due to repeated exposure to asbestos containing products, Marc developed lung cancer. He has since sustained injury from the condition including mental anguish, pain and suffering, medical bills, physical impairment, loss of earning capacity, and loss of enjoyment of life.
Marc’s wife Nancy claims to have sustained injury from his condition including loss of consortium.
Marc claims that the defendants in the case knew about the link between asbestos and lung cancer but did not include warnings with their products or provide safety recommendations for the handling of asbestos containing products.
The lawsuit claims that, had Marc known about the links between asbestos and lung cancer, he would have used caution when interacting with asbestos containing products. Marc also claims that the defendants had a duty to warn the public of the links between asbestos and lung cancer so that consumers could be safer and the widespread use of asbestos could be eliminated sooner, minimizing damage to consumers.
“The Defendants willfully and wantonly for their own economic gain and with reckless indifference to the health and safety of the Plaintiff MARC HOBBINS and others similarly situated […] failed to adequately warn all the potential victims of asbestos including [Marc] as well as other users, bystanders, household members and members of the general public of the risks of asbestos exposure,” the asbestos lung cancer lawsuit states.
The asbestos and lung cancer lawsuit seeks compensatory damages, punitive damages, court costs, and attorneys’ fees.
The Asbestos Lung Cancer Lawsuit is Case No. 1:18-cv-00804-UNA in the Superior Court of the State of Delaware.
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