Retired Navy Shipfitter Sues Companies for Asbestos Exposure
By Amanda Antell
A retired U.S. Navy ship worker and his wife are suing Armstrong International Inc. and all their practicing associates for negligently exposing him to asbestos, which he brought home with him on his clothing. Plaintiff Jose Ortiz alleges that as a direct result of working with their products, he and his wife were exposed to asbestos and developed asbestosis and asbestos pleural disease.
Ortiz worked as a shipfitter for the U.S. Navy from 1969 to 1981, and was employed various times throughout the National Guard. During his time with the Navy he had done a variety of construction jobs, including repainting, remodeling, installing, inspecting, removing, altering, drilling, and machining different things in the Navy. The products he worked with onsite included but were not limited to: gaskets, compressing valves, welding gloves, welding blankets, rope, paper, heaters, and steam manifolds. Each of these products he worked contained asbestos, and almost every site he worked on in the Navy had asbestos in them, his lawsuit alleges.
At the time of his employment, asbestos had been commonly used throughout the United States due to the material being cheap and fire proof. Buildings constructed before 1981 have normally been found to contain asbestos, and all the materials the plaintiff worked on were the most common areas. However, after asbestos become outlawed to the United States in the 1980s, companies were required to notify the Environmental Protection Act of the presence of asbestos, and had to follow strict protocol to remove them.
Due to this being a costly endeavor, the defendant companies chose not to inform Ortiz or other employees at the time of asbestos exposure, Ortiz alleges. It is unknown if the asbestos products have been removed. Because of his asbestos exposure, Ortiz and his wife are now at risk of developing lung cancer and mesothelioma, the lawsuit says.
Ortiz is suing Armstrong International Inc. and all associated defendants for manufacturing, distributing, and exposing him and other employees to dangerous products. The charges include gross negligence and public endangerment.
Overview of Asbestos Exposure
Asbestos is a naturally occurring fibrous mineral that can be up to 700x smaller than a human hair. It was popularly used in early American construction projects, due to it being cheap, as well as fire and chemical proof.
Asbestos is generally not considered dangerous unless it is releasing dust or fibers into the air, because this when humans can inhale or ingest them. These asbestos fibers can also stick to clothes, making them transferrable between humans. The three primary health concerns from asbestos exposure are:
- Asbestosis: A serious, chronic, non-cancerous respiratory disease. The inhaled asbestos fibers cause scaring in the lung tissue.
- Lung cancer: Largest number of deaths related to asbestos exposure. The most common symptoms are coughing and a breathing-rate change.
- Mesothelioma: A rare form of cancer that most often occurs in the membrane lining of the lungs, chest, abdomen, and (rarely) heart. This sickness is found to be specifically linked to asbestos exposure.
Due to the severe health hazards asbestos presents, companies are now required by law to protect their employees and their environment, in regards to asbestos exposure. Any procedure mishaps could not only endanger the employees, but the entirety of the surrounding environments. Severe penalties are brought against companies who do not properly warn clients of asbestos for this reason.
Asbestos Litigation Movement
Because Ortiz was allegedly unreasonably exposed to asbestos during his time with the Navy, he is seeking damages for medical compensation, pain and suffering, and other punitive charges.
The asbestos exposure lawsuit is Jose Ortiz and Pauline Ortiz v. Armstrong International Inc., etc., Case 2:13-cv-06550-DMG-SS, in the Superior Court of California for the Los Angeles County.
If you believe that you or a loved one has been the victim of Asbestos exposure, you have legal options. Please visit the Asbestos and Mesothelioma Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned asbestos lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The asbestos lawyers working this investigation do not get paid until you do.
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