By Kim Gale  |  April 21, 2017

Category: Labor & Employment

asbestos lung cancerA couple has filed an asbestos exposure lawsuit after the husband was diagnosed with lung cancer after years of working with and around the carcinogen.

Plaintiff Marc H. claims he “experienced occupational and bystander exposure to asbestos while he served in the U.S. Navy as a machinist’s mate from 1975-1976” and while he worked in the following positions:

  • Electrician in Marion, Ohio at John Lucas, 1973-1974
  • Maintenance worker in Columbus, Ohio at Lincoln Park West, 1974-1975
  • HVAC technician in Columbus, Ohio at Columbus Air Conditioning, 1976-1979
  • HVAC technician in Westerville, Ohio at Custom Trane, 1979-1980
  • HVAC technician in Columbus, Ohio at Central Ohio Heating, 1980-1983
  • HVAC technician in Columbus, Ohio at Nationwide Service, 1983-1987

According to the asbestos exposure lawsuit, he “was exposed to asbestos-containing products and equipment including, but not limited to pumps, valves, boilers, packing, gaskets, insulation, turbines, joint compound, pipe, paint, HVAC equipment and raw asbestos.”

He also worked with brakes, clutches and gaskets when he worked on cars at his homes from 1972 to 1995 that exposed him to asbestos.

Marc performed construction repairs on his own home and the homes of family and friends from 1976 through 1993. During that time, the asbestos exposure lawsuit contends he worked with materials such as insert joint compound, drywall, tiles, roofing, siding, shingles, tape, caulk, HVAC systems, and sealants that all contained the offending mineral.

Twenty-five companies and some of their successors are named in the asbestos exposure lawsuit, which claims Marc’s “exposure to and inhalation of the asbestos fibers emanating from the above-mentioned products were completely foreseeable and could or should have been anticipated by the Defendants.”

Asbestos Exposure Lawsuit Spurred by Lung Cancer Diagnosis

In September 2016, Marc learned he had developed lung cancer, and “within the past two years [he] became aware that said disease was wrongfully caused by asbestos exposure.”

One of the defendants in the case is Metropolitan Life Insurance Company, which stands accused of conspiring with the companies that employed Marc to keep medical and scientific data regarding the dangers of asbestos from Marc.

The insurance company allegedly “withheld, concealed and suppressed said medical and scientific data, literature and test reports regarding the risks of asbestosis, cancer, mesothelioma and other illnesses and diseases from Plaintiff who was using and being exposed to the Defendants’ asbestos-containing products…”

Not only that, but Metropolitan Life is also accused of releasing incorrect and misleading information that was outdated. The company allegedly “distorted the results of medical examinations conducted” upon Marc and fellow workers by not revealing the true damage that he and other workers suffered.

All of the former employers and Metropolitan Life are accused of ensuring Marc remained “ignorant concerning the danger of human exposure to asbestos” and depriving him the opportunity to take appropriate safety precautions or to even avoid being exposed to asbestos dust.

The Asbestos Exposure Lawsuit is Case No. 3:17-cv-003320SMY-RJD in the Circuit Court, Third Judicial Court in Madison County, Illinois.

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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