A recent asbestos lawsuit claims that corporations failed to protect consumers and workers from the risk of lung disease.
Plaintiff Gerald M. alleges he had many jobs between 1958 and 1980 where he was exposed to asbestos. From 1958 to 1964, Gerald allegedly worked as a mechanic where he installed and removed brakes including products that allegedly included asbestos. From 1963 to 1964 he reportedly worked for DuPont, a materials company, in the fibers department before joining maintenance.
He later moved to the company’s Corian production and then installed asbestos insulation from 1965 to 1966, he says. Finally, from 1966 to 1980, Gerald allegedly worked in DuPont’s maintenance group where he worked in metal fabrication. At all of these jobs, he says he was exposed to asbestos.
Aside from occupational asbestos exposure, Gerald was allegedly exposed to asbestos through his hobby of building classic cars. When applying and sanding body fillers as early as 1956, Gerald was allegedly exposed to the asbestos in these products.
Asbestos is a naturally occurring mineral that was formerly used in insulation, brake materials, and other industrial materials. Because asbestos fibers are naturally resistant to heat, chemicals, and electricity, it was widely used across numerous industries. However, this was before it was widely known that asbestos fibers can cause serious health complications.
When asbestos-containing products are disturbed, they can release microscopic particles which can be inhaled or swallowed. According to the American Cancer Society, these particles can stick to the mucus in the throat, windpipe, and large breathing tubes of the lungs. In some cases, these particles can be cleared from the mucus and removed from the body. However, the particles may also reach the small airways of the lungs and lung lining where they can irritate the cells and eventually cause cancer.
Scientific studies have confirmed the link between asbestos and lung diseases, including one study from 2017 that stated: “Exposure to asbestos results in serious risks of developing mesothelioma and lung cancer. The link between asbestos exposure and lung carcinoma is well established.”
In his recent asbestos lawsuit, Gerald claims that he was not warned that he would be exposed to asbestos through his occupation and hobbies. Because he was allegedly unwarned about the risks associated with long term asbestos exposure, Gerald says he did not take sufficient protection against the inhalation of asbestos fibers. This reportedly lead to him developing asbestosis and other asbestos related lung diseases.
“[Gerald] has endured great physical pain and suffering, mental anguish and emotional pain and suffering,” the asbestos lung disease lawsuit claims. “Further, as a result of Defendants’ wrongful conduct, [Gerald] has been required to review and receive medical treatment to mitigate his asbestos-related disease and injuries, incurring reasonable and necessary costs for medical care, diagnosis and treatment.”
Gerald brings claims against several companies including The Ford Motor Company, Honeywell International Inc., Navistar Inc., and Metropolitan Life Insurance Company. The asbestos lung lawsuit seeks punitive damages, court costs, and attorneys’ fees.
The Asbestos Lawsuit is Case No. N19C-02-058-ASB in the Superior Court of the State of Delaware.
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