In mesothelioma litigation or asbestos litigation, many theories are put forth. In some mesothelioma lawsuits, one particular theory is that any breath of asbestos causes mesothelioma. In the any breath of asbestos causes mesothelioma, mesothelioma victims admit expert witness testimony stating that every exposure to the asbestos fibers must be considered a cause of mesothelioma – the any breath of asbestos causes mesothelioma test.
In Pennsylvania, several cases have tried to use the any breath of asbestos causes mesothelioma test to prove its case. Unfortunately, the any breath of asbestos causes mesothelioma test has been rejected by the Pennsylvania Supreme Court.
Recently, one particular case against against three welding products manufacturers – Lincoln Electric Co., Crane Co. and Hobart Brothers Co. was overturned based on the any breath of asbestos causes mesothelioma test and the $14.5 million dollar asbestos verdict was thrown out based on the Betz decision.
The Nelson case facts include:
- James Nelson developed mesothelioma
- As a result of occupational exposures at Lukens Steel Plant in Coatesville, Pennsylvania
- worked as a pitman, laborer, welder and mechanic from 1973 until 2006.
- For the first five years, was a pitman, and then a general laborer.
- During this time, he was exposed to asbestos pipe covering, gaskets, packing, furnace cement, and “hot tops,” an asbestos-containing board
- In 1978, he became a welder and continued in that position until he left in 2006.
- During his time as a welder, used large numbers of welding rods per day.
- Some of the rods he regularly used contained asbestos through 1981.
- The asbestos was part of the “flux,” which was the outer coating of the rod.
- He was pulling the rods out of the boxes in which they were packaged caused dust to be released from the flux and he would inhale that dust.
- He would also knock off the flux, which caused dust to be released into the air, and then wipe the flux on his gloves
- Testified that when he would clap his hands together to remove the dust on his gloves[, dust] was released into the air, and he would inhale it.
- As a welder, he used Cranite asbestos-containing sheet packing to protect plant machinery from being damaged by welding sparks and to shield other workers from the flash of the welding arc
- He had to cut the sheet packing material in order to use them for his intended purpose. When he cut the sheet packing, dust was released and subsequently inhaled by him
- Crane distributed all of the Cranite sheet packing, which contained asbestos until the early 1980s.
- In November 2008, he was diagnosed with mesothelioma as a result of his asbestos exposure.
The Betz case facts include:
- In February 2005, Charles Simikian commenced a product liability action
- Against Allied Signal, Inc., Ford Motor Company and others
- Asserting causes of action grounded on multiple theories including strict liability
- Mr. Simikian alleged that, throughout a forty-four year career as an automotive mechanic
- His exposure to asbestos-containing friction products, such as brake linings, caused his mesothelioma
- Upon Mr. Simikian’s death, his wife, acting as executrix, substituted as the plaintiff
In both cases, experts for plaintiffs allegedly exposed to asbestos testified that there was a lengthy latency period for mesothelioma, and that each and every breath of asbestos fiber or asbestos dust exposure was a cause of the mesothelioma disease.
People who develop this rare form of cancer were most likely exposed to dangerous asbestos fibers while working in various industries to support their families. It is common for the development of mesothelioma to occur 20 or sometimes even 40 years after initial exposure to asbestos.
Asbestos fibers have been used in the manufacturing of a wide variety of industrial and household products in the United States and around the world.
For more on mesothelioma and asbestos, please visit the links below:
- An Overview
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Asbestos & Mesothelioma News
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been diagnosed with mesothelioma, contact our office at 1.844.329.5955.
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