Veteran’s Widow Seeks Justice for Mesothelioma Death
Linda Hammell’s late husband Arthur was diagnosed with malignant mesothelioma more than fifty years after he was exposed to asbestos, but the former Navy reservist still remembered having been exposed to asbestos during his years in the military. Though he died before his lawsuit could be heard, he provided deposition testimony about his exposure to boilers installed on the vessels on which he served, and that evidence is now the basis of his widow’s claims.
Veteran with Mesothelioma Enlisted in Naval Reserves in 1960
Mr. Hammell’s service in the Navy placed him onboard the U.S.S. Charles H. Roan while it was undergoing rehabilitation and overhaul at the Brooklyn Navy Yard as well as while it was at sea, and he blamed asbestos exposure during that time for his malignant mesothelioma. Veterans who served in the Navy have long represented the lion’s share of mesothelioma victims because asbestos was used so extensively in the insulation of the ships and their equipment. Though the military cannot be held responsible for this exposure, they have acknowledged the consequences of it and provide significant benefits for those diagnosed with asbestos-related diseases.
Veterans like Mr. Hammell who have been afflicted with mesothelioma and other asbestos-related diseases are able to pursue justice against the manufacturers who knowingly provided products contaminated with the toxic material. The companies are frequently found legally liable for the injuries suffered because they without providing warnings or any type of instructions about how people who were exposed to it could protect themselves. The fire room where Mr. Hammell maintained boilers, forced drat blowers and other equipment had no ventilation, leaving him vulnerable to asbestos fibers released while he manipulated the equipment.
Multiple Asbestos Companies Named in Mesothelioma Lawsuit
Mrs. Hammell named numerous companies in her mesothelioma lawsuit, and they each denied liability and filed a motion to have her case dismissed. Many argued that because Mr. Hammell had smoked throughout his life, they should not be held responsible for his death, and others defended themselves by saying that the asbestos-contaminated parts that had sickened him had been manufactured by third parties and that the Navy could have purchased other, non-asbestos contaminated replacement parts as their original parts wore out. Despite the companies’ motion to dismiss, the United States District Court of New Jersey denied their request and will allow the case to be heard by a jury.
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