For purposes of this article, the mesothelioma victim in this case will be referred to as D.G.
In this case, a man by the name of D.G. was diagnosed with malignant mesothelioma years after he suffered asbestos exposure. D.G. blames his illness on secondary asbestos exposure. According to D.G., he was exposed to asbestos through his stepfather's work clothes. D.G. claims that his stepfather unknowingly brought home asbestos fibers on his work clothes after working around asbestos. Years later, D.G.'s mesothelioma diagnosis has led to seeking justice and compensation through a personal injury lawsuit against several major companies.
While most cases of mesothelioma arise after someone suffers occupational asbestos exposure, D.G.'s case is different. He claims that his exposure came not from working with or around asbestos but from asbestos fibers carried home by his stepfather, who worked in industries where asbestos use was prevalent. The mesothelioma victim blames Hopeman Brothers, Huntington Ingalls Inc., 3M Company, Liberty Mutual, Sentry Insurance Company, Metropolitan Life Insurance Company, and several other corporations for his illness. D.G. accuses these defendants of failing to adequately warn their workers about the dangers of asbestos, resulting in the spread of asbestos fibers beyond the workplace and into family homes.
As common in many cases filed against shipyards and their affiliated contractors, some defendants invoked an affirmative defense in an attempt to avoid liability. In this case, Hopeman Brothers and Huntington Ingalls Inc. (Avondale Shipyards) raised the government contractor defense. This defense shields contractors from liability for defects or injuries caused by products or actions performed under a government contract. This defense is often raised by companies claiming immunity from lawsuits if they were simply executing government-approved designs or instructions without negligence on their part. However, this was not the case with the two companies. According to D.G., the two companies were negligent in that they failed to warn the people working with and around asbestos of its dangers. The companies failed to take necessary precautions to prevent the spread of asbestos.
Mr. D.G. filed a motion for summary judgment to prevent Hopeman Brothers and Avondale Shipyards from using the government contractor defense. As expected, the defendants had something to say about this step. Avondale claimed that D.G.'s motion was premature. However, the judges of the United States District Court for the Eastern District of Louisiana sided with the claimant. The judge agreed that the precedent in similar past cases had established that Avondale could not claim immunity under the government contractor defense. Hopeman Brothers, on the other hand, presented a different argument. The company argued that because they are in the middle of bankruptcy proceedings, D.G.'s motion for summary judgment should not be considered. The court sided with Hopeman and ruled that D.G.'s motion was denied without prejudice. This means that while the claimant cannot currently prevent Hopeman from using the government contractor defense, the issue may be revisited after Hopeman's bankruptcy case is complete.
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 pay for your medical treatment and help you and your family live a more comfortable life.
