By Brigette Honaker  |  November 20, 2018

Category: Labor & Employment

Repeated exposure to asbestos allegedly caused a Navy veteran to develop mesothelioma, according to his recent shipyard mesothelioma lawsuit.

Plaintiff Patrick L. filed his shipyard mesothelioma lawsuit against numerous manufacturers alleging that their asbestos-containing products and packaging caused him to develop the deadly disease.

Patrick says he serviced as a machinist mate from 1969 to 1973, during which he was allegedly exposed to asbestos fibers. In February 2018, Patrick was diagnosed with mesothelioma.

Mesothelioma is a terminal cancer which affects the lining of the lungs, heart, or abdomen. The most common cause of mesothelioma is asbestos exposure, leading Patrick to conclude that his shipyard mesothelioma stems from his exposure to asbestos while in the Navy.

“Plaintiff was exposed to asbestos-containing products that were manufactures, specified, and/or distributed by defendants,” the shipyard mesothelioma lawsuit claims. “These asbestos-containing products were defective and inherently dangerous in the manner in which they were marketed for their failure to contain or include adequate warnings regarding potential asbestos health hazards associated with the use, removal or maintenance of, or exposure to the products.”

Asbestos was once a widely used material due to its natural resistance to heat, electricity, and corrosion. However, it was learned that asbestos fibers can be extremely dangerous to public health. When asbestos or asbestos-containing products are disturbed, they can release small asbestos fibers into the air. If these fibers are inhaled or ingested, they can linger in the body for years to come and eventually cause cancers including mesothelioma.

Today, a variety of health precautions are taken when abating or handling asbestos in order to protect workers and consumers from health hazards. Abatement teams have to be specially trained to handle the material, and they are required to use safety measures to protect themselves and prevent secondhand exposure.

Patrick claims that he was never warned of the dangers associated with defendants’ asbestos-containing products, nor was he provided with any safety recommendations or measures to protect him from the dangers to his health. The shipyard mesothelioma lawsuit alleges that the defendants knew or should have known about the dangers of asbestos from released scientific reports, but failed to take appropriate measures against the potential hazards.

According to the shipyard mesothelioma lawsuit, the defendants “deliberately chose to provide patently inadequate and ambiguous warnings and intentionally failed to warn of the known dangers when finally compelled by the state of medical art to provide notice of the dangers of their asbestos-containing products”.

Patrick accuses the defendants of negligence, breach of implied warranty, strict liability, and conspiracy. Patrick’s wife, Deborah L., is also participating in the shipyard mesothelioma lawsuit. Deborah claims that Patrick’s condition has placed significant stress on her and their relationship which has caused her to be deprived of “the physical, mental, and emotional services, comfort, society, attention, pleasure, solace, fellowship, marital life, companionship, and consortium of her husband”.

The shipyard mesothelioma lawsuit seeks compensatory damages of $20 million, punitive damages of $20 million, as well as court costs, and attorneys’ fees.

The Shipyard Mesothelioma Lawsuit is Case No. 4:18-cv-00134-AWA-RJK in the Virginia Circuit Court for the City of Newport News.

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 mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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