Asbestos on Stepfather’s Work Clothes Blamed for Man’s Mesothelioma
Occupational asbestos exposure has led to countless cases of malignant mesothelioma, and it is becoming increasingly apparent that its impact goes beyond those who work directly with the carcinogenic mineral. Many people who have been diagnosed with asbestos-related diseases have no personal exposure to asbestos and trace their illness to the toxic fibers being carried into their homes by loved ones. This is known as secondary exposure, and it is the basis for David Gomez’ recently filed personal injury lawsuit.
Man’s Mesothelioma Lawsuit Links Illness to Stepfather’s Exposure
In the mesothelioma lawsuit he filed against 3M Company, Huntington Ingalls, Incorporated (Avondale Shipyard), Hopeman Brothers, Inc., and others, David Gomez says that asbestos carried into his childhood home on his stepfather’s work clothes was responsible for his diagnosis with the rare asbestos-related disease. He is seeking compensation from each of those companies for their failure to warn against the dangers of secondary exposure so that he could be protected.
In response to his claim filed in the Orleans Parish Civil District Court, two of the defendants — Avondale and Hopeman — filed a motion to have the claim removed to federal court based on their status as defense government contractors. Mr. Gomez filed a motion to stop both companies from using this defense, noting the difference between its application to those working directly with their products and those exposed to carry-home asbestos.
Asbestos Companies’ Petition Denied by Judge Hearing Mesothelioma Claim
Each of the asbestos companies challenged Mr. Gomez’s argument, with Avondale arguing that his request was premature and Hopeman asserting that their bankruptcy proceeding protected them from the argument. In Avondale’s case, the judges denied the company’s request, agreeing that there was no entitlement to immunity in a secondary exposure case. In Hopeman’s case, the judge denied the victim’s request but did so with prejudice so that the victim could pursue the claim again once the company had completed its bankruptcy process.
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