Siblings Fight for Sister after Her Mesothelioma Death
Four brothers dedicated to their sister’s memory decided to fight for her. They lost their sister in 2016 from complications from malignant mesothelioma. Then, they decided to file a wrongful death claim against Huntington Ingalls, Inc., blaming the company’s Avondale shipyard for her death.
Asbestos once filled countless U.S. homes and businesses in the form of insulation and heat-protecting materials. Throughout the construction boom following WWII, asbestos was a key element in thousands of industrial and household products, including drywall, wiring, glues and adhesives, ceiling tiles, cement and shingles.
Some of these asbestos products remain in old structures. They are harmless if not disturbed. Asbestos injured workers while on the job. When the asbestos industry was booming, families of workers were at great risk. Workers often came home with asbestos fibers in their hair, work clothes, and tools. This exposed family members to the toxic substance and increasing their risk for related diseases.
The National Institute of Occupational Safety and Health (NIOSH) presented a Workers’ Home Contamination Study to Congress that showed “families of asbestos-exposed workers have been at increased risk of pleural, pericardial or peritoneal mesothelioma, lung cancer, cancer of the gastrointestinal tract, and nonmalignant pleural and parenchymal abnormalities as well as asbestosis.”
Occupations that are at high risk for exposure in older buildings include firefighters, contractors, demolition workers, electricians, and plumbers.
This is what happened to these siblings. Their father worked at Avondale shipyard when they were children in the 1940s. His day-to-day activities put him in engine rooms and in constant contact with asbestos dust. When their father came home from he unknowingly carried the asbestos fibers into the home. Years later, his doctors would diagnose his daughter with mesothelioma as a result of this second-hand exposure. The brothers charged the company with failing to warn employees of asbestos’ risks. However, the company alleged they were not responsible since they worked for the government.
The United States Court of Appeals Fifth Circuit agreed that the case had involved work for the government, but the law only demands removal to federal court under certain circumstances. This case did not involve those. The company was “free to adopt the safety measures the plaintiffs now allege would have prevented their injury”. This means that Avondale could have taken steps to protect the family without conflicting with governmental requirements.
All in all, treatment is expensive, and insurance companies may not cover the cost everything. If you don’t have medical insurance, treatment can be very difficult. If a doctor diagnosed you or a loved one with Mesothelioma, you may need assistance. It is important to note that companies could have prevented your asbestos-related cancer since these corporations mined, manufactured and sold asbestos products that put profits over the health of you. Our legal system exists to hold these people accountable.
Get Help with a Specialized Complex Litigation Attorney
A Complex Litigation attorney like those found at The Michael Brady Lynch Firm is critical when seeking help to cover your asbestos-related expenses. Identifying when and where you were exposed to asbestos is crucial to your lawsuit. Experienced lawyers are familiar with companies that used asbestos and know which job sites had a significant amount of asbestos use. Also, they know which products contained high concentrations of the toxic mineral.
Also, consultations are completely free, confidential and have no obligation. The Michael Brady Lynch Firm has successfully represented thousands of consumers and recovered millions of dollars for their clients. Our team of attorneys has been recognized as some of the most experienced and successful in the country. Our award-winning staff is also sought after for our knowledge on complex litigation, scientific evidence development, negotiation strategies and trial tactics.
Most of all, our law office is resourceful and dedicated to pursuing any compensation you are due. Because of this, we have also received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees. In fact, we will take whatever legal measures are necessary when fighting for your rights to damages.