Ora Jean Adams was diagnosed with asbestos-related lung cancer in May of 2019 after spending years laundering her pipefitter husband’s clothing. She filed suit against Avondale Shipyards, arguing that the company had failed to provide her husband with a safe place to work and for failing to warn that exposure to asbestos could lead to mesothelioma and other diseases. The company filed a motion to have the case dismissed, arguing that it was protected from liability because it was a government contractor. After reviewing the case, the judge denied their motion, saying that the defense that Avondale offered did not apply to the claim against them.
Second-Hand Asbestos Exposure Blamed for Woman’s Illness
Mrs. Adams was diagnosed with asbestos-related lung cancer, a disease that is similar to mesothelioma in that it is caused by exposure to the carcinogenic material asbestos. She points to her exposure when she worked as a laborer and janitor at Charity Hospital in New Orleans, as well as to the second-hand exposure she experienced as a result of her husband’s work clothes being contaminated with asbestos dust from the Avondale Shipyard.
To defend themselves against her suit, Avondale attempted to use an affirmative defense to its liability against mesothelioma and asbestos lung cancer claims. The company claimed that under the Boyle government contractor defense, they were not liable for their failure to warn Mrs. Adams or her husband of the hazards of asbestos exposure. That defense rests on the notion that a company cannot be held responsible if the defect in their design was a result of having followed the government’s design specifications.
Judge Rules that Boyle Does not Apply to Asbestos Victim’s Claim
In her ruling, Judge Susie Morgan noted that Boyle would apply in many situations, but that Mrs. Adams had not brought a design defect claim. Instead, she filed a failure to warn claim, and the company was not able to demonstrate that the government had provided a specification requiring that they either provide or not provide warning to their employees. As a result, she said, the government contractor defense did not shield the company from liability. The judge also ruled against the company with reference to their failure to avoid the spread of asbestos contamination or to provide adequate ventilation to protect their employees.
If you or someone you love has been diagnosed with mesothelioma or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net have the knowledge and resources to help you confront this challenge. Contact us today at 1-800-692-8608.
