For purposes of this article, the mesothelioma victim in this case will be referred to as W.A., Jr.
Recently, the U.S. District Court for the Northern District of California made several important rulings in a wrongful death case filed by the family of W.A., Jr, a mesothelioma patient who succumbed to the illness shortly after his diagnosis. Though the companies named as defendants in the case attempted to suppress witness testimonies, the court rejected their motions and allowed the case to proceed.
While serving in the Navy as a boiler room technician, Mr. A. suffered asbestos exposure. Mr. A's mesothelioma was blamed on this exposure. Mesothelioma is a rare and aggressive type of cancer that is usually diagnosed years after asbestos exposure. This illness primarily affects the lining of the lungs but can also develop in the abdomen and around the heart. Unfortunately, the prognosis of mesothelioma is generally poor. Many people who are diagnosed with this illness face a limited lifespan following diagnosis. Mr. A worked aboard a destroyer of the U.S. Navy from 1975 to 1978 and was not diagnosed with mesothelioma until years later. Mr. A's duties while aboard the destroyer included operating boilers, repairing equipment, and cleaning machinery.
In their legal action against the makers of the equipment that their loved one had used, Mr. A's family presented testimonies from a former shipmate and several expert witnesses, specifically naval and medical experts. The defendants in the lawsuit moved to have the petitions dismissed. After reviewing the petitions, the judge presiding over the case denied them. According to the judge, the former shipmate's testimony was not influenced by the family's legal counsel. Also, the judge noted that the former shipmate provided valuable information. The judge also upheld the admissibility of the expert testimonies. Regarding the medical experts, the judge found that none had proposed an “every exposure” theory regarding the causation of mesothelioma.
The asbestos companies raised other defenses in an attempt to dismiss the case. The defendants argued that there was inadequate evidence to establish a direct link between their products and Mr. A's illness. They argued that, as government contractors, they had immunity. Additionally, the defendants claimed Mr. A, who was 17 at the time of his service, should be considered a knowledgeable user of their products, suggesting that his understanding absolved them of liability.
Although the court agreed with the defendants on certain aspects of the damages sought by Mr. A's family, the judge predominantly sided with Mr. A's family in their rulings. The judge allowed the case to continue, providing an opportunity for the family to seek the justice and compensation they deserve for their loss.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.
