A man has filed an asbestos disease lawsuit as part of a New York City asbestos litigation in the Supreme Court of the State of New York.
Plaintiff Vincent W. alleges that during his employment he worked with products that contained asbestos as an ingredient, or component. As part of this job description he would frequently have to check all products and machinery, including those with an asbestos component to make sure that the machines were functioning properly.
According to the asbestos disease lawsuit, “Plaintiff worked with, came into contact with, or was exposed to and inhaled, ingested or otherwise absorbed asbestos emanating from the use of Defendants’ asbestos-containing products and/or from the dust from such products being brought home on the clothing of family members.”
Precautionary measures should have been in place, the lawsuit states, to assist with the prevention of the plaintiff’s inhalation of asbestos fibers. These exposures to asbestos had also been “foreseeable and should have been anticipated by the Defendants.”
Due to the frequent and unavoidable exposure to asbestos, he developed asbestos-related injuries including asbestos disease.
According to the asbestos disease lawsuit, Vincent has “endured and continues to endure great physical pain and suffering, mental anguish, emotional pain and suffering, loss of enjoyment of life, financial hardship, lost income, medical expenses, economic loss and other damages.”
The asbestos disease lawsuit was filed on multiple counts including negligence, strict liability, breach of warranty, premises liability and labor law code violations, liability for contractors and sub-contractors, liability for “dust mask” defendants, civil conspiracy and fraud, joint and several liability, loss of consortium and punitive damages.
Asbestos Disease Overview
Several human lung diseases have been linked to asbestos, a naturally occurring mineral. The mineral that forms fibers of different sizes and shapes come in three different types. These include crocidolite (blue asbestos), amosite (brown asbestos) and chrysotile (white asbestos).
Lung diseases that have been linked to asbestos have included lung cancer, mesothelioma, asbestosis and a non-cancerous disease affecting the lung’s surface lining.
However, the actual development of cancer from exposure to asbestos can range anywhere between 10-40 years. There is also the potential increase of the rate of asbestos disease such as asbestosis with smoking. Treatment of asbestos disease can also include treatment of lung infection and appropriate medical vaccinations.
There are, however, variances between the different types of fiber and asbestos disease development. For example, group studies looking at patients who have been exposed to chrysotile fibers are shown to develop moderate cancer risk.
Whereas, amphibole fiber exposure and/or both types of fibers have shown to increase cancer development two-fold.
Asbestos fiber exposure can happen anywhere. Today, it can be commonly seen in older homes such as through roof shingles, coating materials, floor tiles, millboard, furnaces and pipes. More importantly, over 125 million people are exposed to asbestos in the workplace. Those who have developed some type of asbestos lung disease most likely have been exposed to asbestos at factories, mines and mills.
The Asbestos Disease Lawsuit is Case No. 1:18-cv-08317-PGG, in the Supreme Court of the State of New York, All of Counties Within the City of New York.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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