Mesothelioma is a rare and aggressive form of cancer primarily caused by asbestos exposure. Shipyard workers are among the most at risk for developing mesothelioma due to the extensive use of asbestos in shipbuilding materials and maintenance. This article explores the connection between shipyard work and mesothelioma, detailing notable case examples and highlighting the legal options available to affected workers and their families.
Understanding Mesothelioma
Mesothelioma affects the mesothelium, a thin membrane that lines the chest, abdomen, and other internal organs. There are three primary types of mesothelioma:
- Pleural Mesothelioma: Affects the lining of the lungs and is the most common type.
- Peritoneal Mesothelioma: Affects the abdominal lining.
- Pericardial Mesothelioma: Affects the heart’s lining and is the rarest form.
The latency period for mesothelioma is notably long, typically ranging from 20 to 50 years after asbestos exposure, which complicates early diagnosis and treatment.
Shipyard Work and Asbestos Exposure
During the 20th century, asbestos was extensively used in shipbuilding for its heat resistance, fireproofing properties, and durability. Shipyard workers were exposed to asbestos through various means, including:
- Insulating Pipes and Boilers: Asbestos was commonly used to insulate pipes, boilers, and other equipment to prevent heat loss and fire hazards.
- Construction and Repair: Shipbuilders and repair workers regularly handled asbestos-containing materials, including cement, gaskets, and insulation.
- Demolition: Workers involved in the demolition of old ships were exposed to asbestos fibers released into the air.
The confined spaces in shipyards, combined with inadequate ventilation, often resulted in high concentrations of airborne asbestos fibers, leading to prolonged exposure among workers.
Notable Case Examples
Several high-profile mesothelioma cases involving shipyard workers highlight the devastating impact of asbestos exposure and the legal battles for justice and compensation.
1. John DeVries v. Air & Liquid Systems Corp.
John DeVries, a Navy veteran, developed mesothelioma after being exposed to asbestos while serving as a machinist on Navy ships. DeVries filed a lawsuit against manufacturers of asbestos-containing products used in shipbuilding. In 2019, the U.S. Supreme Court ruled in favor of DeVries, stating that manufacturers had a duty to warn about the dangers of asbestos exposure, even if the products were used in conjunction with other asbestos-containing materials. This landmark case emphasized the responsibility of manufacturers to protect workers from asbestos-related hazards.
2. Jack Cooper v. Crane Co.
Jack Cooper, a former shipyard worker, was diagnosed with mesothelioma after years of working with asbestos-containing materials. Cooper sued Crane Co., a manufacturer of asbestos-containing valves, for failing to warn about the risks of asbestos exposure. The jury awarded Cooper $8 million in damages, recognizing the company’s negligence in protecting workers from the dangers of asbestos.
3. John and Carol Thorne v. ExxonMobil
John Thorne, a shipyard worker, developed mesothelioma after being exposed to asbestos while working on ExxonMobil oil tankers. Thorne and his wife filed a lawsuit against ExxonMobil, alleging the company knew about the dangers of asbestos but failed to provide adequate warnings or safety measures. The jury awarded the Thornes $5 million in compensatory damages and $15 million in punitive damages, highlighting the company’s gross negligence and disregard for worker safety.
4. David and Sally Dixon v. John Crane Inc.
David Dixon, a shipyard pipefitter, was diagnosed with mesothelioma after prolonged exposure to asbestos-containing gaskets and packing materials manufactured by John Crane Inc. The Dixons filed a lawsuit against the company, claiming it failed to warn about the risks of asbestos exposure. The jury awarded the Dixons $6 million in damages, underscoring the importance of holding manufacturers accountable for protecting workers from asbestos-related diseases.
5. Michael and Patricia O’Neill v. Huntington Ingalls Inc.
Michael O’Neill, a former shipyard worker, developed mesothelioma after being exposed to asbestos while working at Huntington Ingalls Inc. O’Neill and his wife sued the company, alleging it failed to provide adequate warnings and safety measures to protect workers from asbestos exposure. The jury awarded the O’Neills $7.5 million in damages, reflecting the company’s negligence and failure to protect its employees.
Legal Options for Mesothelioma Victims
Victims of mesothelioma, including shipyard workers, have several legal options to seek compensation for their suffering:
1. 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.
2. Wrongful Death Lawsuits
If a mesothelioma victim passes away, their family members can file Mesothelioma lawsuits after wrongful death 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.
3. 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. Victims can file claims with these trust funds to receive compensation without going through lengthy court trials.
4. Veterans’ Benefits
Shipyard workers who served in the military may be eligible for veterans’ benefits if they developed mesothelioma due to asbestos exposure during their service. The U.S. Department of Veterans Affairs (VA) provides disability compensation, healthcare, and other benefits to veterans with service-connected mesothelioma.
5. 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 shipyard workers like John DeVries, Jack Cooper, 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 mesothelioma 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 California mesothelioma attorney who can guide you through the legal process and fight for your rights. Legal professionals 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.