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To succeed in an asbestos exposure case, the plaintiff must prove that asbestos attributable to the defendant was a cause of the plaintiff’s injury. Causation in asbestos cases can be complex, with defendants often arguing that the plaintiff cannot prove that he or she was specifically exposed to sufficient asbestos from the defendant to cause the injury.
The Southern District of Illinois recently considered the issue of causation in Watts v. 84 Lumber Company. The plaintiff in Watts had worked aboard ships in the Navy. His job included replacing gaskets on valves, pumps, and boilers. The plaintiff testified that he replaced flange gaskets hundreds of times, using replacements from three manufacturers, including Goodyear Tire and Rubber Company. After contracting lung cancer, the plaintiff filed suit against a number of defendants, including Goodyear. Goodyear moved for summary judgment.
The plaintiff testified that he used a scraper or chisel to remove the old dry and cracked gaskets, creating dust. Sometimes he used prefabricated replacement gaskets, and sometimes sheet gaskets that he would have to cut from a sheet. The plaintiff testified that there was always dust in the packaging for the prefabricated gaskets. Cutting the sheet gaskets also created asbestos dust.
To determine causation, the court looked to a Supreme Court of Illinois case, Thacker v. UNR Industries, Inc. Thacker requires a plaintiff to show that he worked regularly in an area where asbestos from the defendant was frequently used, and he worked sufficiently close to the area to come in contact with the defendant’s product. The plaintiff must meet this “frequency, regularity and proximity test” to be able to present the question of legal causation to the jury.
The defendant argued that there was not any evidence the plaintiff worked around or with its products containing asbestos. The plaintiff had stated that he had used gaskets manufactured by Goodyear. He said he had replaced large numbers of gaskets, and doing so created dust that he inhaled. The plaintiff had engaged in this work regularly for about three years. There were records that the defendant’s products were on Navy ships up to 1973. The plaintiff had established sufficient issues of material fact to allow the case to move forward.
Causation can sometimes be difficult to prove in asbestos exposure cases. Our mesothelioma attorneys know how to investigate a case to find information to support the case against the defendants.
Help for mesothelioma victims can be found at The Ferraro Law Firm by calling (888) 554-2030. Offices in Miami and Washington, D.C.
Additional Resources:
Watts v. 84 Lumber Company, January 28, 2016, United States District Court for the Southern District of Illinois
More Blog Entries:
Proving Damages in California Asbestos Cases- Soto v. Bargwarner Morse Tec Inc., December 22, 2015, Miami Asbestos Injury Lawyer Blog
Frequently Asked Questions
Frequently Asked Questions
01.
How do I prove my military service caused mesothelioma or another asbestos-related disease?
We connect your asbestos exposure history to specific duty stations, shipyard roles, or asbestos products you encountered. Our team consults military archives, medical records, and industry experts to establish a clear link between your service and your mesothelioma diagnosis.
02.
Will legal action affect my VA benefits or VA disability rating?
Typically, no. Suing asbestos companies doesn’t impact your VA benefits since the VA’s determinations are separate. We’ll clarify any potential interactions so you can proceed with confidence, knowing you won’t jeopardize the support services you rely on.
03.
Are there other diseases related to asbestos exposure besides mesothelioma?
Yes. Veterans may face asbestosis, lung cancer, pleural plaques, and other conditions that diminish lung function or cause chronic respiratory diseases. We incorporate these diagnoses into your claim, ensuring the compensation reflects all aspects of your health challenges.
04.
Does early diagnosis help my case?
Early diagnosis can improve treatment outcomes and provide strong medical evidence for your claim. Identifying conditions like peritoneal mesothelioma or malignant pleural mesothelioma sooner can support more targeted treatments and may reinforce the validity of your legal claim.
05.
What if the companies responsible have declared bankruptcy?
Many have created asbestos trust funds for victims. Even if a company has changed ownership or finances, these trust funds remain a resource for compensation. We explore all options, ensuring no potential avenue for recovery is overlooked.
06.
Could family members be included in the claim?
Yes. If family members suffered other diseases due to secondhand exposure (for example, asbestos dust carried home on uniforms), their exposure may also be considered. We craft comprehensive strategies that seek justice for everyone affected.
07.
How long might my claim take?
Timelines vary. We balance a thorough investigation—possibly involving mineral commodity summaries, industrial records, and environmental protection agency data—with your need for timely results. We keep you updated so you’re never in the dark.
08.
Are there mental health resources available while I pursue my claim?
Coping with asbestos-related cancers, loss of lung function, and ongoing treatments can be emotionally taxing. While we focus on legal aspects, we encourage veterans to seek mental health support through VA programs, counseling services, or veteran support groups. Emotional well-being is as important as physical health.
09.
How does Ferraro Law support long-term advocacy?
We remain a resource even after your claim settles or is finalized in court. Should new exposures come to light, or if evolving medical research links your condition to previously unknown health hazards, our team stands ready to reassess your options, guide you through any VA claim adjustments, or consider filing additional claims if necessary.
10.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide, collaborating with local counsel when needed. Our extensive experience in complex litigation and specialized claims means that we can effectively advocate for your rights, no matter where you live.
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