A total of 34 companies have been named as defendants in a mesothelioma claim filed by a Florida couple, alleging asbestos exposure. Plaintiff John M. and his wife Irene allege that multiple defendants were involved in the use of asbestos to which he was exposed in the course of his employment.

Named defendants include major corporations including Metropolitan Life, Union Carbide, and CBS. The lawsuit claims that John was exposed to asbestos that was “…mined, milled, manufactured, fabricated, sold and/or specified” by the defendants.

John alleges negligence and breach of warranty on part of the defendants, while his wife is seeking damages for loss of consortium. He further claims that Metropolitan Life engaged in a conspiracy with other companies to conceal the health dangers of asbestos.

Present Mesothelioma Claim History

According to the complaint, filed at the end of December 2018 in a Massachusetts court, John suffered asbestos exposure during his employment at the Boston Naval Shipyard from around 1965 until sometime in the 1970s. At that time, asbestos was commonly and abundantly used throughout the construction of marine vessels.

Although nearly fifty years have passed since that time, oncologists who treat patients with mesothelioma claim that this specific form of cancer, affecting the visceral lining, develops slowly over a period of decades.

By the time symptoms become apparent, the disease is incurable – and invariably fatal. Furthermore, scientific evidence demonstrates that 80 percent of all mesothelioma cases are due to asbestos exposure, while the other 20 percent have been linked to radiation treatments for other types of cancer.

The Defendants

Most of the named defendants listed in John’s represent industries that made use of asbestos, such as the construction of HVAC and electrical systems, refractories, chemicals and the manufacture of rubber. This is not unusual; before the use of asbestos was scaled back and phased out in most industries in the 1980s, the substance was ubiquitous, used for a wide range of manufacturing and construction purposes.

The one defendant from outside the asbestos industry is Metropolitan Life, an insurance company. The plaintiff in this case has accused the insurer of being part of a long conspiracy with asbestos producers to conceal the health dangers of asbestos.

Evidence of such a conspiracy came to light in 1977 with the discovery of 40-year-old correspondence in the corporate offices of Raybestos Inc. Known as the “Sumner Simpson Papers,” this correspondence revealed that various asbestos companies had been aware of the connection between asbestos exposure and cancer since the 1930s.

Current Asbestos Litigation

Although many lawsuits were settled years ago during the height of asbestos litigation, victims with an asbestos cancer or mesothelioma claim are still coming forward. The reason, as mentioned earlier, is that mesothelioma normally takes several decades before presenting symptoms. It is also difficult to diagnose. Currently, there is a $30 billion trust fund against which asbestos disease victims can file claims. However, filing a lawsuit against asbestos suppliers is still an option.

John and Irene M.’s Mesothelioma Claim is Case No. 1:19-cv-10282, Superior Court of Massachusetts.