To date, the asbestos multidistrict litigation (MDL) is the longest running mass tort in U.S. history. Since 1991, over 3 million asbestos lawsuits have been transferred to the Eastern District of Pennsylvania, where the MDL is consolidated, but individual asbestos lawsuits still get filed due to the long incubation period of asbestos-related ailments.

Plaintiff Donald S. and his wife filed their asbestos lung cancer lawsuit, alleging that Donald was diagnosed with asbestos lung cancer in 2007.

After many years working for the U.S. Navy on shipyards, iron works, and with ship repair, Donald “sustained an asbestos-related lung disease by the inhalation of asbestos fibers during the handling of asbestos-containing products at [his] job sites,” the asbestos lung cancer lawsuit states.

Over the period of years Donald was employed, his companies utilized products from Foster Wheeler and its subsidiaries. Donald states in his asbestos lawsuit that the company failed to warn of the health hazards related to the products being manufactured and used, putting not only himself, but “consumers, workers, bystanders and others” in harm’s way.

Hundreds of companies have been called to court by victims of asbestos exposure-related injury, mesothelioma sufferers, or their families, and Donald’s is not the first claim against Foster Wheeler.

Donald’s asbestos lung cancer lawsuit alleges that Foster Wheeler and each of its connected entities “was and is willful, malicious, fraudulent, outrageous, and in conscious disregard and indifference to the safety and health of ‘exposed persons.'”

The charges against Foster Wheeler in the asbestos exposure lawsuit includes negligence, product liability, and loss of consortium on behalf of his wife.

The Asbestos Lung Cancer Lawsuit is Case No: 3:14-cv-04502-WHA, in the U.S. District Court for the Northern District of California, San Francisco Division.

Asbestos Exposure Risks

The use of asbestos dates back thousands of years. Made of microscopic, natural fibers, it was incredibly desirable for its resistance to heat, fire and electrical damage, sound absorption capabilities, and, as the industrial era took off, its low price.

It is during the industrial era that asbestos garnered wide-scale use, and the end of the 19th century found a huge spike with asbestos use in various industries.

When undisturbed, asbestos-containing materials are not a risk. The danger, however, changes when asbestos fibers become airborne. The three primary health concerns pertaining to asbestos exposure are asbestosis, lung cancer and mesothelioma.

The first case of asbestosis was diagnosed in the United Kingdom in 1924. In 1930, the dangers of asbestos inhalation were presented to parliament in a report that drove the publication of the first Asbestos Industry Regulations in 1931.

Asbestos-induced injuries have a long incubation period, and the dangerous industrial environments continued unabated for another 40 years. Due to this, asbestos products touched thousands — from shipyard dockworkers to homebuilders.

It’s alleged that companies knew about the risks of asbestos exposure, but withheld or ignored the issue until a number of asbestos lawsuits in the early 1970s forced them to admit their knowledge and take responsibility. At the heart of most asbestos complaints and lawsuits is that the companies knew of the risks of asbestos usage but did nothing to inform or protect employees.

Today, companies are required by law to protect their employees and maintain a safe environment when dealing with potential asbestos exposure situations. Unfortunately, these policies came too late for many people. More than 600,000 asbestos lawsuits have been filed in the United States with over 5,000 defendants accused.