The U.S. District Court for the Northern District of California recently handed down several important rulings in the case of mesothelioma victim William Ankiel, Jr. Mr. Ankiel was a Navy veteran who died of the rare asbestos-related disease shortly after having been diagnosed, and his family is seeking compensation for his loss. Though the asbestos companies named in the family’s claim sought to block testimony from a witness and expert witnesses, the court denied their request, allowing the case to move forward.
Mesothelioma Victim was a Navy Veteran and Boiler Technician
Mr. Ankiel’s malignant mesothelioma was blamed on the significant amount of asbestos he was exposed to while serving in the U.S. Navy as a boiler room technician. He was stationed aboard the USS Hollister from October 1975 to 1978 and tasked with operating boilers in the fire rooms, repairing equipment such as valves, pumps, and boilers, and cleaning machinery spaces for general upkeep.
As part of his family’s claim against the manufacturers of the equipment the mesothelioma victim had worked on, they submitted testimony from his shipmate as well as expert witness testimony from naval experts and medical experts. The judges reviewing the petitions for summary judgment denied them, noting that the shipmate’s testimony had not been led by the family’s counsel and that the information he offered was valuable. Similarly, they denied the request to block the experts, saying that the Naval experts’ testimony was qualified, relevant, and reliable and that none of the medical experts had put forward an “every exposure” theory of mesothelioma causation.
Other Motions Decided by Mesothelioma Trial Judges
The asbestos companies named in the mesothelioma claim also tried to have the case stopped for several other reasons, including a lack of establishment of causation or proof that their products had been a substantial cause of Mr. Ankiel’s illness and that they could not be held responsible as a government contractor. The victim’s family asked that the defendants be blocked from arguing that Mr. Ankiel – who had been 17 at the time of his service – had been a sophisticated user of their products whose knowledge of their danger should absolve them of responsibility.
Though the court did agree with the defendants regarding some of the damages that the family was seeking, the judges largely sided with the mesothelioma victim’s family on all of the decisions they were asked to make. The case will continue moving through the legal system.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important to work with knowledgeable professionals who can guide you along the way. The Patient Advocates at Mesothelioma.net are here to help you get all the resources you need. Call us today at 1-800-692-8608 to learn more.
