A new mesothelioma claim is making its way through the federal courts. The lawsuit was originally filed by Anthony Ditcharo, but since he succumbed to his illness, his pursuit of justice is being pursued on his behalf by his surviving family members, who recently asked the court to return their case to their local court after it was removed by Union Pacific Railroad, Huntington Ingalls, and other asbestos companies.
Asbestos Exposure from Railroad Sites Blamed for Mesothelioma Death
In his original mesothelioma claim filed on November 30, 2022, Mr. Ditcharo had sued several of the companies that he’d worked for in the 1960s and 1970s. He recounted having worked at various sites throughout the state of Louisiana and having been exposed to asbestos-containing products.
Reporting that he was diagnosed with malignant mesothelioma in August of 2022, Mr. Ditcharo asserted that his employers knew, or should have known based on studies and other information available at the time, that their use of asbestos products put him at risk for injury. He accused them of negligence in having ordered him to perform work around those products and held them responsible for strict liability as well as asserting a claim against Union Pacific under the Federal Employers’ Liability Act, and against other defendants for conspiracy.
Mesothelioma Death Does Not Stop Lawsuit Against Asbestos Companies
Though Mr. Ditcharo died of mesothelioma just five months after his diagnosis, his lawsuit against the asbestos companies is being continued by his surviving spouse and adult children, who have brought additional survival and wrongful death claims. Though the court hearing their case agreed that a federal defense is appropriate to parts of the claim and kept the lawsuit in federal court, it also agreed that the family might be able to remove its FELA claim against Union Pacific at some point in the future.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease and you need information on your rights, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
