Mesothelioma victims face many challenges, including head-spinning legal strategies taken by asbestos companies trying to evade being held responsible for their illness. Many asbestos companies that had contracts with the federal government attempt to remove claims against them to business-friendly federal courts, but this does not only work. In the case of a worker exposed to Micarta paneling while working at the Key Highway Shipyard, the victim successfully defeated efforts on the part of the contractor that installed that asbestos-contaminated product.
Worker Blames Mesothelioma on Shipyard Work
According to documents submitted as part of his mesothelioma lawsuit, Robert Murphy’s exposure to asbestos-containing dust from Micarta paneling came between 1973 and 1974, when he worked at the Key Highway Shipyard. He claims that employees of Hopeman Brothers cut, manipulated, and applied the paneling while working on tankers, some passenger ships, and the Westwind for the Coast Guard. Based on this, Hopeman Brothers removed the case to federal court based on the federal officer removal statute.
In response, Mr. Murphy argued that the company could not establish all the criteria required to qualify for federal officer removal, and particularly not the existence of a causal relationship between the company’s negligent use of asbestos-containing products and the federal office the company is claiming was overseeing the work.
Court Grants Mesothelioma Victim’s Petition
In its review of the plaintiff’s petition to remand the case to his local court, the U.S. District Court for the District of Maryland found that the evidence did not establish that Mr. Murphy’s injuries caused by exposure to the asbestos-containing product had anything to do with the Coast Guard’s directive to use asbestos products onboard the ship. They also felt that the evidence that the defendant was pointing to as justification for the case being heard in federal court was not sufficient to show that the victim was exposed to the company’s workmen while working aboard the Coast Guard ship versus any other ship in the yard.
As a result, the court found the evidence did not meet the burden that the asbestos company would need to meet and that they had fallen short. The mesothelioma victim’s case will be returned to the local courts.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
