A married couple filed a work-related lung cancer lawsuit against several companies on Oct. 11, 2018.

In this case, the husband was diagnosed with generalized work-related lung cancer on June 8 of this year, secondary to on-the-job exposure to asbestos. The complainants are plaintiffs Howard and Janelle D.

The couple alleges that Howard’s work-related lung cancer is the natural consequence of asbestos exposure dating as far back as the early 1950s. During his career, he allegedly handled products that contained asbestos without warning from the manufacturers, distributors, or sellers of those products. Howard and Janelle name ArvinMeritor Inc., Cooper Industries, and Formosa Plastics Corp. as defendants in the case.

They allege in the work-related lung cancer case that the asbestos fibers included in the products were unnecessary given that suitable substitutes were available in the commercial marketplace. Because these substitutes were not utilized, the couple claims Howard was forced to breathe in and otherwise ingest the microscopic fibers.

The married couple likewise indicates in their work-related lung cancer lawsuit that the defendants failed to provide any significant warnings, product handling instructions, or safety equipment for said handling to Howard.

Howard says he has suffered a lot of pain and secondary mental anguish as a result of his lung cancer diagnosis. Janelle says she has also suffered psychologically as a consequence of the disease and poor prognosis. In addition to the pain and suffering physically and mentally, the couple have been beset by the enormity of their medical treatment bills.

Howard and Janelle are demanding a trial by jury and requesting a minimum compensatory award of $50,000 granted on their behalf.

Common Diseases Related to Asbestos Exposure

While secondary asbestos exposure diseases are not unheard of, most asbestos exposure directly affects workers in the construction, shipbuilding, railroad, and mechanical industries.

Mesothelioma—a cancer which attacks the lining of the lungs, abdomen, pericardium, and testes—is the most common disease. It develops slowly with a latency period of up to 35 years and often is diagnosed when quite advanced and often too difficult to treat.

Approximately 250,000 people are diagnosed with lung cancer each year in the U.S. and a percentage of those have work-related lung cancer related to asbestos exposure. More and more patients are suing manufacturers of asbestos-containing products for failing to warn them of the dangers.

Because generalized lung cancer is most closely associated with cigarette smoking in popular culture, it can be a difficult connection to prove—particularly if the plaintiff smoked and was exposed to asbestos.

Nevertheless, more and more attorneys are accepting the challenge of holding asbestos product manufacturers accountable while said defendants attempt to blame the victim for using tobacco products.

Whether or not you used tobacco products, if you were exposed to asbestos fibers occupationally and not provided adequately warning, instructions, or safety equipment and developed lung cancer, you may have a right to compensation.

The Work-Related Lung Cancer Lawsuit is Case No. 18-L-667 in St. Clair County Circuit Court, Wisconsin.