After she was diagnosed with malignant mesothelioma, Brenda Palermo filed a personal injury lawsuit against the companies she says exposed her to the asbestos that caused her illness. After she died in March of 2024, her family continued her quest for justice, but Avondale Shipyards refused to provide them with critical information they needed. A recent decision by Magistrate Judge Janis Van Meerveld of the U.S. District Court of the Eastern District of Louisiana ordered the company to comply so that the case could continue.
Mesothelioma Claim Points to Secondary Asbestos Exposure from Shipyard
Brenda Palermo’s lawsuit asserts that the malignant mesothelioma that claimed her life was caused by secondary exposure to asbestos carried home on clothing worn by her father, uncle, and cousins, all of whom worked at the Avondale shipyard. In support of their claim, the family needed to show what jobs her cousins Valmont and Glen Landry, had held, but with both of those men being deceased, they requested personnel records from Avondale.
Avondale Shipyards denied the mesothelioma victim’s family’s request, arguing that complying with the subpoena would expose the men’s confidential and personal information. The company also asserted that they had not been given information about their former employees’ surviving heirs in a timely manner, and registered other complaints about the request, namely that in producing the information, they might be aiding the dead men’s heirs in later filing suit against the company.
Avondale Shipyard Ordered to Comply with Mesothelioma Family’s Subpoena
In her review of the argument between the mesothelioma victim’s family and the shipyard, Judge Van Meerveld listed the multiple factors the law requires in determining whether documents should be produced, including whether the men whose records were being requested would be harmed by their release. She decided that these concerns did not exist and that if there were specifics of their records that might have been too personal for release, they could be redacted.
To resolve the issue, she ordered Avondale to produce the relevant information that was being requested, such as the men’s dates of employment, the trades they performed, the locations where they worked, their exposure to asbestos, and the names of their co-workers. The information will be released to the mesothelioma victim’s family and the case will proceed.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
