By KJ McElrath  |  February 7, 2019

Category: Asbestos

A recent asbestos claim filed in Massachusetts by a mesothelioma victim names numerous defendants, highlighting the complexity of asbestos litigation.

The typical asbestos lawsuit typically involves several defendants, and the cause of action can go back decades because asbestos diseases can take many years to present symptoms. Likewise, an asbestos trial can go on for months, and even years.

The current case was filed in August 2015 by Plaintiff Larry F. and his spouse, Nancy. It names a total of 54 defendants in industries that include HVAC systems, rubber manufacture, broadcast and communications, automotive, electronics and building materials and supplies. All of these industries have either used or produced asbestos in the past.

Facts of the Case

Larry F.’s asbestos claim states that all named defendants were somehow involved in the production and/or use of asbestos and/or asbestos-containing products to which he was exposed over the course of his life.

He also alleges that he was exposed during his service in the U.S. Navy during the early 1960s as well as in the course of his civilian employment between 1965 and 1979. Because of this long-term exposure, Larry developed mesothelioma, a deadly and painful cancer of the visceral lining, which was diagnosed only a few weeks before he and his wife filed their lawsuit.

Asbestos Was Everywhere

Up until around 1980, asbestos was used in almost every industry. According to 40-year-old documents discovered in the offices of Raybestos-Manhattan in 1977, asbestos mining companies and producers were aware of the carcinogenicity of their products at least as early as 1934.

These companies engaged in a vast conspiracy to suppress this information in order to protect their profits. Partially as a result of the discovery of what has come to be known as the “Sumner Simpson Papers” and subsequent lawsuits, the industry began to phase out most uses of asbestos starting in the early 1980s.

Asbestos and Cancer

The term “asbestos” refers to six different fibrous silicate minerals, generally identified by color. Of the six, only three were commonly used.

The most common type, “white” asbestos, is also known as serpentine because of its curly, relatively soft fibers. White asbestos was commonly used in building materials and for fireproof insulation. While exposure to serpentine asbestos does not usually cause cancer, it can result in asbestosis, a non-malignant, but incurable lung disease caused by the buildup of scar tissue on this inner surfaces of the lung.

“Brown” and “blue” asbestos are classified as amphiboles. The blue variety, known as crocidolite, was used for electrical insulation and brake linings. Amphibole asbestos consists of hard, needle-like fibers that when inhaled, literally drill through lung tissue from the inside out.

This causes chronic inflammation, which results in the formation of malignant tumors. Exposure to amphibole asbestos is the only known cause of mesothelioma for certain. However, the American Cancer Society reports that few studies have found an association between mesothelioma and radiation exposure.

Filing an Asbestos Claim

Because of statutes of limitations, it is important to file a claim as soon as possible following a diagnosis, as the limitations period usually begins to run when the disease is discovered.

Larry F.’s Asbestos Lawsuit is Case No. 3:19-cv-00026-JBA, Superior Court of Massachusetts.

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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