The family of a U.S. Navy veteran who died of mesothelioma is now bringing an asbestos mesothelioma lawsuit against two asbestos manufacturers.

Plaintiffs are surviving spouse Teresa H., daughters Amber W., Autumn H. and Kathleen H., son Brandon H., and minor grandson T.B. – all the living survivors of decedent Henry H. Henry, who died of mesothelioma in April 2014, only about one month after he was diagnosed.

The family alleges Henry received occupational asbestos exposure over a 45-year long career. Henry served in the U.S. Navy as a boiler tender and craft master from January 1955 to February 1975, including inland service in Vietnam.

The family lists eight different Navy ships on which he served, plus several different on-land military installations. After leaving the Navy, Henry worked as a truck driver for the Glausi Oil Company delivering to Chevron stations all over Oregon from 1976 to 2000. The family also alleges miscellaneous non-occupational asbestos exposure through Henry’s car maintenance and home renovation.

The family now claims Henry’s long history of occupational and non-occupational asbestos exposure led to his mesothelioma and resulting death. They are now bringing this survivor action and wrongful death claim against defendants Foster Wheeler LLC and General Electric.

Asbestos Mesothelioma

Mesothelioma is a cancer of the pleura, the double-layered membrane that surrounds the lungs and separates them from the chest wall.

A key feature of mesothelioma is its very long latency period, the time it takes to develop following exposure. It may take anywhere from 30 to 50 years for mesothelioma to develop. Cases diagnosed today can be related to exposure that happened back in the mid-20th century.

Henry’s family may not have a hard time proving a relationship between his mesothelioma and his asbestos exposure, since asbestos is the only known cause of mesothelioma within the United States.

Asbestos was used for many different industrial applications from the late 1800s until it began to be banned in the 1970s. The shipbuilding industry is now notorious for having used asbestos as an insulator for boilers, steam pipes and hot water pipes – making it likely that Henry was exposed during his 20 years of Navy service as a boiler tender.

Asbestos was also heavily used on land in construction materials such as insulation, ceiling tiles and adhesives. Many automotive brake parts are made of asbestos.

Unfortunately, asbestos is recognized as a known carcinogen. It is made of microscopic fibers that tend to become airborne when physically agitated, making them easy to accidentally inhale. Once inhaled, the fibers can lodge in respiratory tissue where they can ultimately cause any of a few deadly diseases such as lung cancer or, as in Henry’s case, mesothelioma.

The U.S. Consumer Product Safety Commission began to ban certain uses of asbestos. In 1989, the Environmental Protection Agency promulgated a ban on all new uses of asbestos. It is still allowed in certain uses that were permitted before the 1989 ban, however.

Henry’s family’s asbestos mesothelioma lawsuit raises claims for negligence and products liability, both as wrongful death claims and survivor claims. They are seeking compensation in the form of general damages, lost income and earning potential, medical expenses, damages for fraud, and costs of litigation. They are also seeking an award of punitive damages only against defendant Foster Wheeler.

This Asbestos Mesothelioma Lawsuit is Case No. 4:15-cv-01829-SBA, in the U.S. District Court for the Northern District of California.