When it comes to pursuing a mesothelioma lawsuit, the road to justice can be long and frustrating. Frank Williams died of the asbestos-related disease more than ten years ago and his survivors have pursued a claim on his behalf ever since. Though their claim against Boeing Company was dismissed in 2013, a recent review by the United States Court of Appeals has reversed that decision, allowing the family the chance to collect evidence and have their case heard by a jury.
Man’s Mesothelioma Blamed on Asbestos Contamination in Workplace
Before Frank Williams was diagnosed with malignant pleural mesothelioma in 2008, he had worked as a mechanical engineer at the Michoud Assembly Facility near New Orleans, Louisiana as an employee of Lockheed Martin Corporation and its predecessor, Martin Marietta. The companies’ projects at that facility included the external fuel tank for the Space Shuttle program and the Saturn V rocket.
Records show that the facility was contaminated with asbestos that had caused mesothelioma in other workers in a building where Williams had worked at a desk, drafting and computing. Despite this, a multidistrict litigation court found that his family’s claim against Boeing had failed to prove when and where he was exposed to asbestos, and therefore had failed to show causation. They granted Boeing’s motion to dismiss the case against him. The family appealed this decision.
Appellate Court Reverses Dismissal of Mesothelioma Case
In appealing the multidistrict litigation court’s decision in their mesothelioma case, Mr. Williams’ family argued that Louisiana law had been misapplied and evidence had been improperly weighed, and the appellate court agreed, and called three findings by the court “troubling.”
Specifically, the court cited the MDL court’s assertion of no evidence that Williams had ever been exposed to respirable asbestos despite testimony to the contrary, that there was no evidence that he had worked near remediation despite testimony that he had witnessed likely remediation effort, and that the presence of ambient asbestos could not have contributed to his mesothelioma despite testimony from an expert witness that it would have. Based on these issues they reversed the dismissal, and the case can move forward.
When you or someone you love has been diagnosed with malignant mesothelioma, it is important to have access to resources and support. The Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
