Tracy Colman  |  December 4, 2017

Category: Labor & Employment

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lung and asbestos exposureA new asbestos lung disease lawsuit was filed in U.S. District Court for the District of Connecticut on Nov. 15, 2017.

The plaintiffs are a husband and wife who are citizens of the State of Connecticut and residents of North Stonington.

Plaintiffs Kurt C. and Elaine C. are bringing their asbestos lung disease complaint against the Crane Company, individually and as legal successor to Jenkins Brothers and Weinman Pump Manufacturing Company, Chapman Valve Company and Cochrane.

According to the legal complaint, Kurt was employed by General Dynamics from 1973 through 1974 in the capacity of radiological control technician. His job was in the Electric Boat division.

He alleges that he was exposed to various asbestos products through his work which directly caused his asbestos lung disease including mesothelioma, an asbestos exposure related cancer. There is a latency period of anywhere from 30 to 50 years between inhalation of deadly fibers and development of asbestos lung disease.

The defendants so named are companies which mined, processed and manufactured asbestos and asbestos-containing products, delivering them to job locations where the plaintiff, Kurt, was working. He also names engaged third-party agents that delivered and sold these products to his employers and employees working at different job sites.

Kurt alleges that he was forced to inhale the asbestos fibers, as there was never any warning as to the danger such material posed. He was not provided any protective gear or given the option of donning his own protective equipment by given the full information necessary to make an intelligent decision for his own well being and health.

The plaintiff says that he developed asbestos lung disease as a consequence of the failure of these product providers to warn. He accuses the defendants of fraudulently withholding information regarding scientific studies and data that had been available to them since 1929.

This information indicated that asbestos clearly posed health hazards to human beings. This information was fraudulently and wantonly withheld during four decades of continued use, the plaintiffs claim.

The scientific data available to the defendants and other asbestos manufacturing companies was allegedly not made public nor acknowledged by the industry. There were no follow-up studies or reports generated whereby a worker could reasonably ascertain the danger for himself in day-to-day living, the plaintiffs claim.

Kurt and Elaine are bringing the following counts against the defendants accordingly: Count One: Strict Product Liabilities, Manufacturing/Design Defect, Failure to Warn, Breach of Implied and Express Warranties; Count Two: Loss of Consortium for Elaine.

According to the complaint, Kurt through his contraction of asbestos lung disease has been made to suffer gross physical pain and suffering, mental anguish, and loss of enjoyment of life, and he will likely have a reduced life expectancy.

In addition, he has lost significant earning power by having to pursue treatment and has been unusually burdened with hospital and other medical bills. His spouse has had to endure the loss of his companionship and the intimacy of the relationship.

The plaintiff couple are asking for monetary damages as well as punitive damages against the companies involved to the fullest extent of the law. They are also asking for a return of all court and attorney’s fees.

The Asbestos Lung Disease Lawsuit is Case No. 3:17-cv-01916-VLB in U.S. District Court for the District of Connecticut.

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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