A large lawsuit has been filed alleging that products manufactured by the defendants caused asbestos related lung disease.
Plaintiffs Arthur C. and Ada C. recently filed a lawsuit against numerous companies including General Dynamics and Honeywell alleging that their products caused asbestos related lung disease.
In his lawsuit, Arthur argues that he was exposed to asbestos during his previous occupation and the exposure caused him to develop asbestos related lung disease. During his employment, he allegedly came into contact with asbestos products which he moved, touched, drilled and cut. All of these actions allegedly dispersed asbestos particles which were inhaled and caused asbestos related lung disease.
Asbestos is a mineable silicate mineral which forms in fibrous crystals. Once mined, the asbestos crystal can be pulled into fluffy fibers which can be easily combined with other materials. The fibers are naturally resistant to heat, electricity and chemical corrosion, which makes asbestos a useful and common additive in construction and industrial work.
Although asbestos was a highly valued material in the past, it has since been established as toxic, and multiple international associations have classified asbestos as a carcinogen. When asbestos materials are moved or cut, small asbestos particles are released into the air where they can be swallowed or inhaled. The dispersed particles can also become stuck in clothing and be brought home which can risk secondhand exposure.
According to the National Cancer Institute, asbestos fibers are difficult for the body to expel and can accumulate in the lungs and other parts of the body after being inhaled or swallowed. This can cause scarring and inflammation which increases the risks of conditions including mesothelioma, asbestosis and other asbestos related lung disease.
Arthur believes that the defendants should have warned him that their products could be unsafe. In the asbestos lawsuit, he states that he “reasonably and in good faith relied upon the false and fraudulent representations, omissions and concealments made by the Defendants regarding the nature of their asbestos-containing products and machinery requiring or calling for the use of asbestos and asbestos-containing products.”
Arthur believes that the companies had known or should have known the risks that their products would pose and should have included warnings and communicated the risks. The lawsuit also argues that the companies should have provided safety equipment to protect employees such as Arthur from excessive exposure which can lead to asbestos related lung disease.
Additionally, the lawsuit alleges that companies should not have been using asbestos in their products at all and did so at the risk of employees and consumers. Arthur argues that once the risks of asbestos were known to manufacturers, the companies should have immediately found a substitute and recalled asbestos products from the market.
Arthur and Ada seek a trial by jury, court costs, attorney’s fees, relief in excess of $1,000,000 and damages for pain and suffering, medical expenses and loss of earnings.
The Asbestos Mesothelioma Lawsuit is Case No. 4:18-cv-00777 in the U.S. District Court for the Southern District of Texas.
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