After years of working for Noble Drilling Corporation, James M. Alford was diagnosed with malignant mesothelioma. He blames his illness on drilling mud additives made by Union Carbide Corporation and has named the company in his personal injury lawsuit. Though Union Carbide tried to get the case against them dropped, the U.S. District Court of the Middle District of Louisiana denied all but one of the company’s motions.
Asbestos in Drilling Mud Blamed for Man’s Mesothelioma
In his mesothelioma claim against Union Carbide Corporation (UCC), Mr. Alford testified that he used the drilling mud additive Visbestos. UCC’s asbestos product Calidria was sold under the names Visbestos and Super Visbestos. Though UCC placed warning language on the bags the product came in, Mr. Alford argued that the warnings were insufficient.
In response, UCC argued that the warnings complied with OSHA standards. The company also argued that because the mesothelioma victim only references Visbestos rather than Super Visbestos, the claim should be dismissed, and questioned the years that Mr. Alford worked with the product. The company filed motions for summary judgment based on each of these issues, as well as a question about whether the product’s packaging was insufficient to protect against exposure.
Court Denies All Dismissal Requests in Mesothelioma Claim But One
Though the court agreed that the mesothelioma victim had provided insufficient evidence to support his assertion about UCC’s packaging of their asbestos product, they denied all of the company’s other motions, noting that a reasonable jury could find that the company had not adequately warned purchasers and end users of the dangers of asbestos.
The court also determined that the two names of the company’s products were similar enough that a jury could find it credible for the mesothelioma victim to have used the same name for both. The judges noted that the fact that the labeling was up to OSHA standards did not mean that it was enough to protect users. The case will continue for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
