Secondary Exposure to Asbestos Blamed for Woman’s Malignant Mesothelioma Death
Avondale Shipyard in Louisiana is frequently named a defendant in malignant mesothelioma lawsuits. The company employed thousands of workers who were exposed to and sickened by asbestos, but is frequently able to avoid responsibility by pointing to its role as a government contractor. A recent case showed that defense does not protect them from blame for secondary exposure.
Laundering Asbestos-Contaminated Work Clothing at the Heart of Mesothelioma Lawsuit
According to a claim filed by John Falgout, his wife Ruby Lee died of malignant mesothelioma after years of having laundered his work clothing. John had worked for the Avondale shipyard for years, and was exposed to asbestos on a constant basis. Asbestos fibers clung to his hair and skin, as well as to the clothing that Ruby Lee washed as part of her household chores. In shaking the clothing out, washing it, and then sweeping up debris on the floor, she inhaled the fibers that later grew into deadly mesothelioma tumors.
The shipyard attempted to evade responsibility for Mrs. Falgout’s mesothelioma death by saying that as a government contractor, they could not be held responsible. They argued that they had no duty to warn because they were simply meeting the specifications imposed by the government. Mr. Falgout asked that the company be prevented from using this defense because it was not applicable to the exposure of somebody who was outside of the workplace, and because their failure to warn of the potential harm of asbestos was not ordained by the government. He said that the company could have issued a warning, but had chosen not to.
Judges Agree with Mesothelioma Widower
In reviewing Avondale Shipyard’s argument that they are immune to the Falgout’s mesothelioma claim, the judges of the U.S. District Court for the Eastern District of Louisiana sided with the widower. They said that Avondale had failed to provide any reason why the government contractor defense applied to them in instances of exposure outside of what had been authorized by the government. They concluded that “Avondale’s warnings, storage, and safety policies regarding asbestos are acts separate from the act that the government authorized: the use of asbestos in building government ships for the United States military.”
The widower’s case against the shipyard will be allowed to proceed to a jury.
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