Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as J.S. or Mr. S.
This case is about a construction worker, J.S., who worked at the Todd Shipyards for years and was later diagnosed with malignant mesothelioma, a rare and aggressive cancer that is primarily linked to asbestos exposure. In his lawsuit, J.S. names multiple companies as defendants. He blames these companies for having negligently exposed him to the asbestos that led to him developing his illness. His case has involved demands for records from him and requests for dismissal from the case from many companies.
According to Mr. S, his mesothelioma stems from exposure to asbestos-contaminated products used in ship construction and repair at Todd Shipyards between 1960 and 1964. While working at Todd Shipyards, the mesothelioma victim was exposed to equipment from Foster Wheeler, including marine boilers. He was also exposed to products like DAP joint compound, Kaiser Gypsum, and other materials made with Vanderbilt Talc.
As part of his case, J.S. requested documents pertaining to Foster Wheeler’s equipment used on specific ships that he worked on at the shipyard. However, the company objected to this request and argued that the claimant’s request lacked enough details to allow for a thorough records search. Meanwhile, Vanderbilt filed a motion for summary judgment, arguing that J.S.’s testimony about the use of the company’s DAP and Kaiser Gypsum products was inconsistent. The defendant argued that the claimant’s testimony should not hold up in court.
The judges presiding over the case weighed in on critical questions regarding the mesothelioma victim’s case. On the issue of the documents that the plaintiff requested from Foster Wheeler, Chief Magistrate Judge Donna M. Ryu ruled that Mr. S’s request was valid. The judge found that the claimant’s testimony about seeing work performed on the defendant’s boilers on ships during his time at the shipyard was sufficient to make the records relevant and discoverable.
In Vanderbilt’s case, District Judge Vince Chhabria granted summary judgment regarding DAP products, effectively dismissing claims related to these products. However, the judge denied the defendant’s request to dismiss claims about Kaiser Gypsum. The judge found that, regarding the claims related to the Kaiser Gypsum products, there were genuine factual disputes that needed to be determined by a jury. Judge Chhabria also deferred Vanderbilt’s request regarding the company’s assertion of fraud and allowed time for further depositions from J.S.
This case highlights the challenges that mesothelioma victims and their families face when seeking justice and compensation. Companies frequently present defenses aimed at shifting the blame or minimizing or evading responsibility, making it hard for claimants and their families to prove their claims. In this case, one defendant argued that the plaintiff lacked consistency, and the other claimed that he did not provide enough details. This case shows why having a legal representative when navigating a mesothelioma claim is vital. A skilled mesothelioma attorney can help gather vital evidence, navigate the complex legal process, and protect victims’ rights. They can help victims overcome defenses aimed at minimizing or avoiding liability altogether.
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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 and help you and your family live a more comfortable life.