Couple Sues AW Chesterton Company For Asbestos Exposure, Mesothelioma

On February 5, 2013, Warren Patterson and his wife Margaret Patterson filed an asbestos lawsuit against the AW Chesterton Company, claiming that the company exposed the husband to asbestos which led to mesothelioma— an almost always deadly cancer.

According to the Patterson’s asbestos complaint, “Warren Patterson was employed as a maintenance worker at New York Shipbuilding and Drydock Company in Camden, New Jersey from about 1958 to 1962. Mr. Patterson also worked from about 1953 to 1954 and from about 1962 to about 1998 as a drywall finisher. Mr. Patterson had asbestos exposure from about 1953 through about the late 1970s. In the performance of his duties he regularly worked with, used, handled and was caused to come into contact with the asbestos products of the defendants and the asbestos dust and fibers resulting from the ordinary and foreseeable use of said asbestos.” This isn’t unusual for the time period, but Mr. Patterson and other asbestos victims like him are making up a growing number of mesothelioma class action lawsuits.

During the mid to late 20th century, many companies used asbestos freely. It was even touted by fire departments as a great flame retardant insulator. “At all times hereto, Plaintiff did not know of the nature and extent of the danger to his lungs, heart or other bodily parts, including bone and tissue and his general health that would result from his contact and exposure to the defendant’s asbestos products and to the inhalation of asbestos dust and fibers,” the lawsuit states. Mesothelioma, a slow moving cancer, has an incredibly high mortality rate and is almost always caused by asbestos. Many people aren’t diagnosed with mesothelioma until years (and sometimes decades) after their last exposure. It’s not uncommon for a mesothelioma diagnosis to take 30+ years.

According to the lawsuit, Warren’s former employer “failed to take any reasonable precautions or to exercise reasonable care to adequately or sufficiently warn the plaintiff, and other persons similarly employed, of the risks, dangers and harm to which he or they were exposed by continuous work with, contact with, use and handling of the defendant’s asbestos products and the inhalation of asbestos dust and fibers.”
Further, the employer “failed and omitted to provide to the plaintiff, and other persons similarly employed with the knowledge of reasonably safe and sufficient safeguards, wearing apparel and proper safety equipment, and appliances necessary to protect him and them from being injured, poisoned, disabled, killed, or otherwise harmed by working with, using, handling, coming in contact with, and being exposed” to asbestos.

The couple alleges the company failed to test the products, adopt a safe plan to work with asbestos, stop using asbestos once it became common knowledge how dangerous the product is, and never warned employees of the “progressive nature of the disease.”

Nobody knew of the real asbestos dangers when the product was first available— Judy Garland even danced in asbestos snow flakes during a scene in The Wizard of Oz. Asbestos was a popular faux snow prop dressing up homes around the country. However, once it became evident that asbestos was actually an extremely toxic product, some companies continued to use it. Many people are surprised to learn that asbestos is still used, legally, in some construction to this day. It’s popularity has waned, but it’s still in use.

Too Late?

The vast majority of people who receive a mesothelioma diagnosis are really getting a death sentence. The Pattersons are working to get the compensation they deserve to help with medical bills and care, as well as Warren’s loved ones once he passes. They’re suing for six counts, including Margaret’s count for loss of consortium—which will soon turn to loss of companionship. She will “be deprived of the society, services, advice, contributions, comfort, support, companionship and consortium of her husband” too soon.

Already, they’ve spend “various sums of money to treat his diseases and injuries, and Plaintiff may be obligated to continue to do so; Plaintiff has sustained a loss of earnings and earning capacity; Plaintiff’s enjoyment of life has been impaired; his life expectancy shortened; he was embarrassed and humiliated; all to the great loss of the Plaintiff,” reads his asbestos lawsuit.

The couple are spending their last days together taking on a myriad of companies which chose cheap products in exchange for numerous human lives.

The case is Warren Patterson and Margaret Patterson v. AW Chesterson Company, et al., MDL No. 000801-13, the Superior Court of New Jersey.

Were You Diagnosed with Mesothelioma?

Were you diagnosed with mesothelioma, regardless of your previous employment record? If so, you likely have a case for an asbestos legal claim. Learn more about what to do next by visiting the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation site right now. Once you submit your information, a lawyer will be in touch with you if there’s a case for a free asbestos claim review.