Hernandez, Stucco, Amcord, Asbestos & Mesothelioma: A recent case in the Court of Appeals of California, Second District, Division Two ruled on an appeal of a nonsuit.
The Hernandez,Stucco, Amcord, Asbestos & Mesothelioma case documents what many construction industry workers and people in the construction industry may face today – past potential direct and secondary exposure to asbestos and mesothelioma. The court ruled on the appeal.
A brief summary of the case:
- Mr. Hernandez was diagnosed with malignant mesothelioma in 2008, when he was 62 years old. He died one year later. He left behind his wife of 37 years, three daughters and two sons.
- Mesothelioma is a fatal cancer that develops in the lining of the lungs. It occurs when asbestos fibers get into the pleural area and cause irritation. As the cancer spreads, it grows thicker and ultimately pushes in the lung, causing it to collapse, which in turn ruins the capacity of the lung to exchange carbon dioxide with oxygen.
- The victim ultimately suffocates from the tumor. The latency period between exposure to asbestos and mesothelioma is usually 30 to 35 years or longer.
- Mr. Hernandez was exposed to asbestos while working as a carpenter and construction worker in Southern California during the 1960’s through 1980’s.
- They also worked together on commercial construction sites.
- Alfredo described the work as “stucco[ing] the houses.” Riverside gun plastic cement was one of the stucco products the brothers used on the exterior of homes during the time period from 1969 through the 1970’s. They applied Riverside gun plastic cement “all the time” or about 75 percent of the time.
- Riverside gun plastic cement was packaged in 94-pound bags. In order to open a bag of Riverside gun plastic cement, Mr. Hernandez would cut the bag in the middle, which created visible dust around his face and clothing. Mr. Hernandez would then dump the bag of Riverside gun plastic cement into a mixer, which also created “a little bit” of dust that got on his face and clothing.
- Riverside gun plastic cement was manufactured from 1959 to 1979. It contained a small amount of asbestos. There was no warning on the Riverside gun plastic cement that it could cause cancer. Riverside gun plastic cement was the only product manufactured by respondent which contained asbestos.
- Respondent was in full compliance with the regulations and requirements with respect to asbestos-containing products.
To find out more on the case, see Case No. B238408 – April 18, 2013.
For more on asbestos and mesothelioma, please visit the links below:
- An Overview
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Resources
- Asbestos & Mesothelioma News
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