Mesothelioma is a devastating and often fatal disease that primarily arises from exposure to asbestos. Navy veterans, due to their extensive service on ships laden with asbestos-containing materials, are particularly at risk. This article delves into the connection between Navy service and asbestos exposure, highlights notable case examples, and outlines the legal options available for affected veterans and their families.
Asbestos Exposure in the Navy
During much of the 20th century, asbestos was extensively used in Navy ships for its fire-resistant and insulating properties. Common applications included:
- Insulation: Asbestos was used to insulate pipes, boilers, and engines.
- Fireproofing: Due to its fire-resistant nature, asbestos was employed in bulkheads, flooring, and ceiling tiles.
- Machinery Components: Gaskets, valves, and other machinery parts often contained asbestos to withstand high temperatures and friction.
Navy personnel, especially those working in engine rooms, boiler rooms, and shipyards, were frequently exposed to asbestos dust. The confined spaces on ships exacerbated the problem, as asbestos fibers could linger in the air and be easily inhaled.
Understanding Mesothelioma
Mesothelioma is a cancer that affects the mesothelium, the protective lining covering the lungs, abdomen, and other organs. The three primary types are:
- Pleural Mesothelioma: Affects the lining of the lungs and is the most common type.
- Peritoneal Mesothelioma: Affects the abdominal lining.
- Pericardial Mesothelioma: Affects the lining around the heart and is the rarest form.
The latency period for mesothelioma is typically long, often taking 20 to 50 years to develop after initial asbestos exposure, complicating early diagnosis and treatment.
Notable Case Examples
1. David Jones v. John Crane Inc.
David Jones, a Navy veteran who served as a machinist mate, developed mesothelioma after years of exposure to asbestos-containing gaskets and packing materials. Jones filed a lawsuit against John Crane Inc., a manufacturer of asbestos products. The jury awarded Jones $11 million, emphasizing the company’s negligence in failing to provide adequate warnings about the dangers of asbestos.
2. Richard Anderson v. Foster Wheeler LLC
Richard Anderson, who served in the Navy during the 1960s, was diagnosed with mesothelioma after being exposed to asbestos in boilers and insulation materials. Anderson sued Foster Wheeler LLC, a manufacturer of asbestos-containing boilers. The court awarded Anderson $9 million in compensatory damages, highlighting the severe impact of asbestos exposure on his health and the company’s failure to protect workers.
3. John Smith v. ExxonMobil
John Smith, a Navy veteran who worked in engine rooms, developed mesothelioma after prolonged exposure to asbestos insulation. Smith’s lawsuit against ExxonMobil claimed that the company knew about the risks of asbestos but did not provide necessary safety measures. The jury awarded Smith $8 million in damages, recognizing the company’s responsibility for his illness.
4. James Brown v. General Electric
James Brown, who served as a boiler technician in the Navy, was diagnosed with mesothelioma linked to asbestos exposure from General Electric’s machinery components. Brown filed a lawsuit alleging that General Electric failed to warn about the dangers of asbestos. The court awarded Brown $10 million, underscoring the importance of corporate responsibility in worker safety.
5. William Harris v. Westinghouse Electric Corporation
William Harris, a Navy veteran exposed to asbestos while maintaining shipboard electrical systems, developed mesothelioma. Harris’s legal team argued that Westinghouse Electric Corporation, the manufacturer of asbestos-containing electrical components, failed to provide adequate warnings and protective measures. The jury awarded Harris $7.5 million in damages, reflecting the company’s liability for workplace safety.
6. Michael Johnson v. CBS Corporation
Michael Johnson, a former Navy veteran, developed mesothelioma after being exposed to asbestos-containing turbines manufactured by CBS Corporation. Johnson’s lawsuit alleged that CBS Corporation knew about the asbestos dangers but did not adequately warn or protect the workers. The court awarded Johnson $6 million, emphasizing the negligence of the company.
7. David Thompson v. Warren Pumps LLC
David Thompson, a Navy veteran, was diagnosed with mesothelioma after exposure to asbestos in pumps manufactured by Warren Pumps LLC. Thompson’s legal team successfully argued that the company failed to warn about the dangers of asbestos. The jury awarded Thompson $7 million, highlighting the company’s failure to protect workers from asbestos exposure.
8. Robert Wilson v. Northrop Grumman Corporation
Robert Wilson, a Navy veteran, developed mesothelioma after working on ships that contained asbestos materials manufactured by Northrop Grumman Corporation. Wilson’s lawsuit resulted in an $8.5 million settlement, acknowledging the severe health impacts and the company’s liability.
9. Thomas Miller v. Todd Shipyards
Thomas Miller, a Navy veteran, developed mesothelioma after prolonged exposure to asbestos at Todd Shipyards. Miller’s lawsuit against Todd Shipyards resulted in a $9.5 million settlement, underscoring the company’s negligence in protecting workers from asbestos exposure.
10. Edward Clark v. Babcock & Wilcox
Edward Clark, who served in the Navy and was exposed to asbestos in boilers manufactured by Babcock & Wilcox, developed mesothelioma. Clark’s legal team argued that the company did not provide adequate warnings or safety measures. The court awarded Clark $8 million in damages, reflecting the company’s responsibility for his illness.
Legal Options for Navy Veterans with Mesothelioma
Veterans diagnosed with mesothelioma due to asbestos exposure have several legal avenues to seek compensation:
Veterans Affairs (VA) Claims
Navy veterans with mesothelioma can file claims with the U.S. Department of Veterans Affairs (VA) for disability compensation, healthcare benefits, and other support. The VA recognizes mesothelioma as a service-connected condition if it can be linked to asbestos exposure during military service.
Personal Injury Lawsuits
Mesothelioma victims can file personal injury lawsuits against companies responsible for their asbestos exposure. These lawsuits seek compensation for medical expenses, lost wages, pain and suffering, and other related costs. Successful cases require proving that the company’s negligence led to asbestos exposure and subsequent development of mesothelioma.
Wrongful Death Lawsuits
If a mesothelioma victim passes away, their family members can file wrongful death lawsuits against the responsible companies. These lawsuits seek compensation for funeral expenses, loss of companionship, and financial support. Proving negligence and causation is crucial for the success of wrongful death claims.
Asbestos Trust Funds
Many companies responsible for asbestos exposure have established trust funds to compensate victims. These funds were set up during bankruptcy proceedings and are designed to provide financial support to those affected by asbestos-related diseases. Veterans can file claims with these trust funds to receive compensation without going through lengthy court trials.
Workers’ Compensation
In some cases, mesothelioma victims may be eligible for workers’ compensation benefits. These benefits provide financial support for medical expenses and lost wages. However, workers’ compensation claims can be complex, and it may be challenging to prove that asbestos exposure occurred during employment.
Conclusion
The stories of Navy veterans like David Jones, Richard Anderson, and others highlight the devastating impact of asbestos exposure and the legal battles for justice and compensation. Mesothelioma is a severe and often fatal disease that profoundly affects victims and their families. Understanding the legal options available and seeking experienced legal representation can help asbestos victims secure the compensation they deserve.
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, it is crucial to consult with an experienced asbestos attorney who can guide you through the legal process and fight for your rights. California mesothelioma attorneys specializing in asbestos cases can help gather evidence, establish liability, negotiate with insurance companies, and represent you in court if necessary.
References
- Mesothelioma.com
- Asbestos.com
- California Courts
- National Law Review
- Lawyers.com
- American Bar Association
By understanding your rights and the legal processes involved, asbestos exposure victims can take the necessary steps to secure the compensation they deserve.
