Navy Veteran’s Suffering Justifies Family’s Quest for Punitive Damages
There is no question that malignant mesothelioma is a cruel and tragic disease that causes tremendous suffering to those who have it, as well as to the people who love them. What is less clear is the remedies available under the justice system. Every case is different and has different laws that apply. A recent lawsuit filed by the widow of a Navy veteran presents a clear example of how those who are exposed to asbestos at sea, and subsequently sickened, must follow different rules than those who are exposed on land.
Maritime Law Directs Quest for Justice in Navy Veteran’s Mesothelioma Death
After William Henry Banks died of malignant mesothelioma, his family filed a wrongful death lawsuit. His exposure to asbestos came during the years he’d served as a machinist mate in the Navy, and their claim cited 26 defendants whose asbestos-contaminated products he’d been exposed to. One of them, Air & Liquid Systems Corporation, filed a motion asking the court to apply maritime law to the case, which generally does not allow punitive damages or compensation for pain and suffering, loss of society, or loss of future earnings.
The family’s lawsuit requested those forms of compensation, as well as general damages, burial expenses, and reimbursement for medical expenses related to his mesothelioma. They had no objection to the application of maritime law but asserted that the prohibitions against the damages they were seeking did not apply to their claim. Though the judge did not agree with them on most of their points, he did agree on one: She said that though their request for emotional and punitive damages and loss of future earnings damages on their own behalf were not available under maritime law, they had the right to sue on behalf of the victim’s suffering.
Victim’s Pain and Suffering Cited in Mesothelioma Claim
Maritime law specifically applies to damages suffered by those at sea, and its distinct rules frequently impact how mesothelioma damages are determined in cases involving seamen, sailors, and Navy veterans. In the case of Mr. Banks, Judge Josephine L. Staton of the U.S. District Court for the Central District of California noted that precedent had established that when the family member of a seaman brought legal action, the laws that apply to railway employees also apply to them.
Because a previous Supreme Court ruling regarding the death of a railway employee had allowed the victim’s family to seek compensation for his “loss and suffering while he lived,” Judge Staton wrote that the same standard applied to Mr. Banks, allowing his family to continue their quest for compensation for his pain and suffering.
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