Malignant mesothelioma is a disease with a long latency period. The disease remains hidden in the body for decades after exposure to asbestos. While the majority of victims worked with or near asbestos as adults, some were exposed to the carcinogen on clothing worn by others. Such was the case for Reginald A. Hamilton, who died in June of 2021 from the rare and deadly disease.
Man Dies of Mesothelioma After Childhood Exposure to Asbestos
Reginald A. Hamilton, Jr. was diagnosed with advanced stage malignant mesothelioma in May of 2021. Though he’d never worked with or around asbestos, he recalled that as a child in the 1960s and 1970s he had visited his grandmother’s eating establishment, The Rail Restaurant, nearly daily. The restaurant was in walking distance of the Avondale shipyard.
Mr. Hamilton believed that his mesothelioma was caused by asbestos on the clothing of Avondale’s workers, contractors, and employees, as well as military personnel, who patronized his grandmother’s restaurant. Because his health was declining he was granted an order by the court to perpetuate his testimony. He died days later, in June of 2021.
Mesothelioma Case Removed to Federal Court
In seeking compensation for his loss and the damages she and her siblings suffered, his daughter Shaante Quinesha Clark filed a mesothelioma lawsuit against Huntington Ingalls, Inc. and other companies in state court, accusing them of being responsible for her late father’s illness. Despite her assertion that the case should remain in that court, her claim was removed to federal court.
When a mesothelioma lawsuit is filed against a company whose handling of asbestos was under the direction of a federal officer (as is true when fulfilling orders for the Army or Navy), the case is eligible to be removed to federal court, where many believe it will be heard with less bias than from a local jury. In the case of Mr. Hamilton’s exposure, despite the fact that he was a child at the time of his exposure the district court agreed that federal court was most appropriate and permitted the case to be removed.
If you or someone you love has been diagnosed with mesothelioma, it is important that you work with people who are knowledgeable about the laws surrounding asbestos exposure. For information on how the Patient Advocates at Mesothelioma.net can help you, contact us today at 1-800-692-8608.
