Once a mesothelioma victim decides to pursue a lawsuit against those responsible, they have to prepare for many emotional ups and downs. In the case of Ronald Barosse, his suit against Huntington Ingalls, Inc. (HII) was immediately removed from state court to the federal court, then dismissed because his claim conflicted with the state’s Longshore and Harbor Workers’ Compensation Act. He lost his first appeal of this decision, but this month was rewarded by the Fifth Circuit overturning both of those decisions and allowing his case to move forward.
Mesothelioma Victim’s Claim Complicated by Conflict Between Laws
Mr. Barosse filed his mesothelioma claim against HII as successor to Avondale Shipyard, where he worked from February 1969 through June 1977. When he filed his claim, he specifically did not pursue benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), and in response HII filed a motion for summary judgment arguing that under state law, victims were required to do so. They asserted that filing a personal injury claim went against the whole goal of the Act. The trial court agreed and dismissed the case.
The mesothelioma victim then filed an appeal of that decision to the District Court, which agreed with the lower court’s decision, leaving him with no choice but to appeal again to the Fifth Circuit. That court’s review of the case determined that the U.S. Supreme Court had set a precedent in 1942 that the LHWCSA did not expressly preempt state tort claims. Based on this, they reversed the lower courts’ decisions.
Court Points to “Limited and Unusual Circumstances” Surrounding Mesothelioma Claim
While the asbestos company argued that allowing a mesothelioma personal injury claim to go forward would frustrate the LHWCA’s intended effect of being the exclusive remedy for injured workers, the justices of the Fifth Circuit noted that Mr. Barosse’s case was unusual.
They pointed to the fact that their decision only applied to maritime workers in Louisiana with mesothelioma whose injury occurred within a specific time period created by the Supreme Court. This time period addressed exposure to asbestos that occurred before the previous law, the Louisiana Worker’s Compensation Statute, was revised in 1975. This “limited” period of time applied to Mr. Barosse, which lead the court to conclude that his case can move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important that you work with professionals with deep knowledge of your needs. To see how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
