For purposes of this article, the mesothelioma victim in this case will be referred to as Mrs. I.L.L, and her husband will be referred to as Mr. A.C.L.
In this case, I.L.L. was diagnosed with malignant mesothelioma and died of the asbestos-related illness in 2023 at the age of 91. Mesothelioma is a rare and aggressive form of cancer that can develop decades after asbestos exposure. Mesothelioma involves tumors growing in the mesothelium (the tissue covering most internal organs). There are different types of mesothelioma: pleural mesothelioma (most common), peritoneal mesothelioma, pericardial mesothelioma, and testicular mesothelioma (least common). After I.L.L.’s diagnosis, she and her family filed a lawsuit against several asbestos companies.
According to Mrs. L’s lawsuit, she developed mesothelioma after suffering secondary asbestos exposure. Mrs. L’s illness came from laundering her husband’s work clothes. Mr. A.C.L., who worked at Avondale Shipyard, Louisiana, was a laborer, pipefitter, and welder whose work resulted in his clothes being covered in asbestos fibers. Mr. A.C.L. brought home asbestos fibers on his work clothes. Unfortunately, every night, Mrs. I.L.L. laundered the asbestos-contaminated work clothes. This meant that she was repeatedly exposed to asbestos fibers.
While many mesothelioma victims are those who worked directly with asbestos (occupational exposure) or lived near asbestos-producing facilities (environmental exposure), many people develop mesothelioma after suffering secondary asbestos exposure, which occurs when someone breathes in asbestos dust brought home on another person’s skin, clothes, or hair. Over the years, many people have filed mesothelioma lawsuits after they or their loved ones developed mesothelioma due to secondary asbestos exposure.
In Mrs. L’s case, she blamed several asbestos companies for her illness. Among the defendants in the lawsuit were Huntington Ingalls, Inc. and Hopeman Brothers. These two companies sought to be dismissed from the lawsuit, citing the federal officer’s defense. The federal officer’s defense is a legal doctrine that protects government contractors from liability in lawsuits related to their work on government contracts. Under this legal principle, government contractors cannot be held liable for actions taken under the federal government’s direction or control since they were fulfilling their obligations as government agents.
The court carefully considered the arguments of the shipyards and the plaintiffs. Ultimately, the court ruled that the defendants could not use the federal officer’s defense as a basis for dismissal from the lawsuit. In other words, the judge rejected the defendants’ arguments that they were immune from litigation. However, the court sided with the defendants and stated that the case should not be sent back to state court but should remain under federal jurisdiction.
This case sheds light on the tragic consequences of secondary asbestos exposure, which can be just as dangerous as occupational and environmental exposure. The court’s decision not to grant immunity to the defendants gives hope to the family of I.L.L. and others who have developed mesothelioma or other asbestos-related illnesses due to the negligence of asbestos companies. Now, the claimants can only hope that they will recover the compensation they deserve.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide 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 to help you and your family live a more comfortable life.