The family of mesothelioma victim Michael P. Dandry Jr. won an early legal round in its attempt to hold turbine manufacturer Paramount Global responsible for their loved one’s death. The company had filed a motion to have the occupational exposure case against it dismissed, but a U.S. District Court Judge ruled that a reasonable jury could find Paramount had a duty to warn about asbestos-containing insulation required for its turbines to function properly.
Man’s Mesothelioma Blamed on 1971 Shipyard Work
The family’s mesothelioma lawsuit blames multiple companies for his fatal cancer, saying that he was exposed to asbestos during his 1971 employment at Avondale shipyard. Mr. Dandry had worked as a machinist helper in engine rooms around Paramount turbines at the same time that insulators were performing insulation work that raised asbestos-contaminated dust that he inhaled.
The case was filed by the mesothelioma victim’s daughters, Erica Dandry Constanza and Monica Dandry Hallner. While the company argued that their claim failed to meet the standard of proving “frequent” and “regular” exposure to establish causation, the court ruled that this high standard only applied to asbestosis and lung cancer cases in Louisiana, not to mesothelioma cases. The judge was particularly impressed by testimony from the victim’s coworker, Billy Jambon, who recalled seeing Dandry working in engine rooms on Paramount turbines while insulators worked with asbestos-containing materials on pipes and equipment. He said that Mr. Jambon’s memories were sufficient evidence that could lead a reasonable jury to conclude that the victim inhaled asbestos fibers from Paramount turbines during his brief employment.
Mesothelioma Case Proceeds Despite Alternative Exposure Theory
Though the company and other defendants named in the lawsuit attempted to blame Mr. Dandry’s mesothelioma on asbestos in properties near Mr. Dandry’s childhood home, his family argued that they hadn’t provided proof that he had actually disturbed asbestos or that walking on scrap material releases fibers above background levels. Additionally, testimony from former Avondale employees and Paramount representatives both that Paramount designed turbines that required insulation to function properly and that the company knew asbestos-containing insulation would be used since it was the only effective and commercially available material at the time. Evidence also showed that Paramount specified asbestos insulation through turbine design, direction, and even shipping asbestos accessories until 1973. Paramount will have to defend itself against a jury as the case proceeds.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.